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Council PKT 02-16-1999 RegularCITY COUNCIL MEETING AGENDA FEBRUARY 16, ~999 COUNCILMEMBERS Ron Gintz, Mayor Jeanne Burbidge Jack Dovey Mary Gates Linda Kochmar Michael Park Phil Watkins City Manager Kenneth E. Nyberg IVe AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall February 16, 1999 - 7:00 p.m. (www. ci.federal-way, wa. us) CALL MEETING TO ORDER PLEDGE OF ALLEGLANCE PRESENTATIONS Proclamation/Chamber of Commerce Week Human $crvicc~ Commission Introductions/Certificates Art5 Commission Introduction/Certificate F, conomi~ Development Update Emerging Issuem CITIZEN COMMENT PLEASE COMPLETE THE pINK SLIP & PRESENT TO THE DEPUTY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium, adjust the microphone to proper height, and state your name and addre~$ for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3} MINUFBS. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. CONSENT AGENDA (Items listed below have been previously reviewed by a Council Committee of three member~ and brought before full Council for approval; all items will be enacted by one motion; individual items may be removed by a Councilmember for separate discussion and subsequent motion.) ao Minutes/February 2, 1999 Regular Meeting Resolution/Redondo Firs Final Plat Approval Resolution/1999 Solid Waste & Recycling Division Grant Approvals Enactment Ordinance/Council Bill g213/Rezone for Heritage Woods Div II Enactment OrdinaneeJCouncil Bill/f214/Special Lodging Excise Tax over please . . . f. g. h. i. j. City/Kin= County I-NET Inted~ Am'cement CITY COUNCIL BUSINF_,SS Endorsement of KC Transnortation Cmli~ 's Reaue, st for Referendum 49 Fundin~ Temporary Traffic Signal at So 336th St & Weyerhaeuser Wa_v So INTRODUCI~ON ORDINANCES Council Bill g215/So 344th Way Street Vacation Approval AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF SOUTH 344TH STREET. Council Bill ff2l~Arln~,gl Comprehensive Plan U_odate Procesa Adoption AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN CHAPTER 22 OF THE FEDERAL WAY CITY CODE. CITY MANAGER REPORT CITY COUNCIL REPORTS EXECUTIVE SESSION Pending Litigation/Pursuant to RCW 42.30.110(D(i) ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** PROCLAMATION ~CHAMBER OF COMMERCE WEEK° WHEREAS, there are 137 local Chambers of Commerce tn the State of W~gton representing over 48 thousand small businesses, who in turn, employ over 2.7 million citizens; and WHEREAS, Washington State Chambers raise over 20 million dollars ann~a!!y for local community enhancement projects, involving over 14 thousand volunteers who give generously of their time and talent; and WHEREAS, Washington State Chambers managed over 2 million visitor and relocation inquin'es last year, and at the same time, served over 40 thousand new businesses seeking information about locating their companies in this State; and WHEREAS, during 1998, over 2,100 new businesses opened their doors in this State, assisted by their local Chamber of Commerce, creating 38,200 new jobs for our citizens; and WHEREAS, Chambers of Commerce across this great State of Washington have served their local communities with distinction and dedication, enhancing the State's economy and improving the quality of life for its citizens; NOW, THEREFORE, we, the undersigned City Councilmembers of the City of Federal Way, Washington, do hereby proclaim February 15-19, 1999, as 'CHAMBER OF COMMERCE WEEK' in the City of Federal Way, and urge all citizens to join with us tn this special observance. SIGNED this 16th day of February, 1999. CITY OF FEDERAL WAY Ron Gint& Mayor Mary Gates, Councilmember Linda Kochmar, Councilmember Phil Watkins, Councilmember Michad Park, Deputy Mayor Jeanne Burbidge, Councilmember Jack Dovey, Councilmember CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: ~X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ N/A Expenditure Amt: $ N/A Contingency Reqd: SN/A ATTACHMENTS: Minutes of February 2, 1999 Regular City Council Meeting. SUMMARY/BACKGROUND: Official City Council Meeting Minutes for Permanent Record Pursuant to RCW Requirements. CITY COUNCIL COMMITTEE RECOMMENDATION: CITY MANAGER RECOMMENDATION: Approve Official Minutes ............................................................................................................................................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:\COVERCC-5/14/96 DRAFT FEDERAL WAY CITY COUNCIL REGULAR 1VII~E~G February 2, 1999 - 7:00 PM Council Chambers - City Hall MINUTES CALL MEETING TO ORDER Mayor Gintz called the regular meeting of the Federal Way City Council to order at 7:05 PM. Councilmembers Present: Mayor Gintz, Deputy Mayor Park, Councilmembers Burbidge, Dovey, Gates, Kochmar and Watkins. Staff Present: City Manager Kenneth Nyberg, Deputy City Manager Philip Keightley, City Attorney Londi Lindell, City Clerk Chris Green, Deputy City Clerk Laura Ulanowski. II. PLEDGE OF ALLEGIANCE Councilmember Kochmar led the Pledge of Allegiance. III. PRESENTATION a. SPIRIT Award/Month of January City Manager Kenneth Nyberg presented Deputy Parks & Recreation Director Dave Wilbrecht with the January SPIRIT Award. b. Arts Commission Introductions/Certificates Councilmember Gates introduced the new Arts Commission members appointed at the January 19, 1999 City Council Meeting, and presented them with their certificates. c. Emerging Issues City Manager Ken Nyberg stated that this item will be a regular agenda item used to update the Council on current issues pertaining to citizen concerns. Cary Roe, Public Works Director, addressed the issue of pedestrian safety in the City. Mr. Roe reviewed what the City has done in the past to increase pedestrian safety and what the City plans to do in the future regarding this issue. City Council Regular Meeting February 2, 1999 - Page 2 Stephen Clifton, Community Development Director, addressed the number of letters received by the Council regarding the property commonly known as the Kenwood Pit. Mr. Clifton stated the property is owned by King County and although the county has accepted a proposal from Homesite to have the land subdivided, it is still in the negotiation process and nothing has been done to date. If and when a subdivision application is received by the City, the City will notify the residents/property owners within 300 feet. IV. CITIZEN COMMENT Raymond Croteau, asked Council to support the arts and reinstate the arts budget to full funding. Joan Tabrum, asked Council for continued support of the arts budget. Joe Elston, asked Council to consider the opposition of neighborhoods affected by the proposed light rail plan. Joyce Wierzbicki, thanked Council for the speed bumps installed on 35t~ Ave. Stated she has concerns regarding the area of 35~ Ave and 340~ and asked Council not to let the area become a strip-mall of gas stations. Sharon Wheat, expressed concerns regarding the construction of gas stations in residential areas. Janel Gibb, asked Council to continue to support the arts by reinstating the arts budget to full funding perhaps with the "windfall" money from the Lodging Excise Tax. Doug Johnson, supports the arts and asked Council to restore full funding to the arts budget. Joann Piquette, supports the arts and asked Council to restore full funding to the arts budget. Lynda Jenkins, Federal Way Historical Society, asked Council to support the Historical Society by designating a portion of the Hotel/Motel tax money and stated all projects go down in history. Paul Schultz, addressed pedestrian safety and lack of traffic signals on 317th Street and asked for street lighting on 316~h and 317~h Streets. George Lee, addressed pedestrian safety in regards to inadequate street lighting. H. David Kaplin, stated funding of Celebration Park is cc~ntinuing, commended staff on FWTV Channel 28 and thanked Dave Wilbrecht for his work with the Parks/Recreation Commission. Lisa Welch, opposed to the CDBG set-aside and stated if it is approved by the Council it will reduce the Human Services Commissions flexibility in funding programs. Jerry Tabrum, supports the arts and asked Council to restore the arts commission budget. City Council Regular Meeting February 2, 1999 - Page 3 Lorene Fortini, asked Council to restore full funding to the arts budget and thanked Council for the synchronized light at 320~. Ludwig Sutu, asked Council to support the arts and restore full funding to the arts budget. B~rnie Pric~, stated he supports the arts, and is a member of the Lodging Tax Advisory Committee. Stated a feasibility study should be done before voting on a conference center. Scott Brown, stated the intention of the Lodging Excise Tax is to increase tourism and Council should partner it with other groups such as the utility tax for a long-term capital plan. Ken Peckham, asked Council to approve both the Heritage Woods resolution and ordinance tonight. Ve CONSENT AGENDA ao eo g. h. i. j. k. 1. m. [1. Minutes/January 19. 1999 Regul0.r Meeting Voucher/February 2, 1999 Monthly Financial Report/Preliminary for December 1998 Community Development Block Grant (CDBG) Economic Development Set- Aside Insurance Company & Broker Selection 1999 Interlocal Agreement with ACC Janitorial Service~ Agreement Extension/Dumas Bay Resolution/Heritage Woods Div II Final Plat Approval Resolution/AT&T/TCI Merger 1999 Replacement Reserves 1999 Arts Commission Work Plan 1999 Arts Commission Contracts for Services 1999 Capital Strategy Plan Process Arts Commission Replacement COUNCILMEMBER DOVEY MOVED TO APPROVE THE CONSENT AGENDA. DEPUTY MAYOR PARK SECOND. Councilmember Kochmar pulled item (d) from the consent agenda. The motion to approve Consent Items a, b, c, e, f, g, h, i, j, k, 1, m, and n carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes City Council Regular Meeting February 2, 1999 - Page 4 Item (d) - CDBG Economic Development Set-aside: Councilmember Kochmar asked the Chair of the Parks/Recreation/Public Safety and Human Services Committee, Jack Dovey, to explain the reason for the set-aside. Councilmember Dovey explained it gives the commission some guidance on economic development issues. Councilmember Watkins stated the money should go towards infrastructure; roofs on homes and handicap access rather than economic development. Councilmember Kochmar stated the money should go to the less fortunate and the Council should not tie the hands of the commission on how the money should be spent. Councilmember Kochmar stated she will vote against the recommendation to approve the item and stated the Chair of the Human Services Commission, Delbert Hoover, is against the set-aside money for economic development. Councilmember Burbidge gave a brief review on how the Council arrived at the decision to set- aside monies for economic development, stating the categories speak to capital facilities needs and the proposal fits within the CDBG mission. Councilmember Dovey stated the money is for capital projects in areas that need economic assistance and it is designed for projects that boost the economic vitality of the city. Councilmember Gates stated the money set-aside for economic development will give guidance to people allowing them to become self-sufficient. Deputy Mayor Park stated he supports the proposal and the money used for economic development will benefit the people of this city. Mayor Gintz stated this money is a Community Development Block Grant and not human services money. Mayor Gintz stated allocating money for economic development will improve the quality of life for all citizens and he supports the proposal. COUNCILMEMBER DOVEY MOVED TO APPROVE THE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT SET-ASIDE. COUNCILMEMBER BURBIDGE SECOND. The motion passed 5-2 as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar no Park yes Watkins no City Council Regular Meeting February 2, 1999 - Page 5 PUBLIC HEARING Adult Entertainment Moratorium Review - Staff Report Citizen Comment City Council Deliberation Resolution Mayor Gintz opened the Public Hearing at 8:47 PM. Mayor Gintz gave a brief overview on how the Public Hearing will be conducted and asked City Attorney Londi Lindell to give a brief presentation on the renewal of the Adult Entertainment Moratorium. City Attorney Londi Lindell stated the need for the renewal of the moratorium was to allow the City to present the code amendments to the Planning and Land Use/Transportation Committees before presentation to the full Council and explained the current moratorium expires on February 12, 1999. Barbara Reid, asked Council to extend the moratorium. John Harrison, asked Council to extend the moratorium. Ron Walker, asked Council to extend the moraWrium. Mayor Gintz read into the record comments from 5 citizens supporting the continuation of the moratorium on adult entertainment: Anita Bruce, Joyce Ivory, Myrene Bruce, Ronelle McGraw, and Jea/l McGraw. Tina Andres, asked Council to extend the moratorium and stated she is opposed to adult entertainment in Federal Way. Angela Smith, asked Council to consider the majority of the community who oppose adult entertainment in the City and asked Council to extend the moratorium. Paul Schultz, asked Council to extend the moratorium. Mayor Gintz closed the Public Hearing on the Adult Entertainment Moratorium at 9:07 PM. COUNCILMEMBER BURBIDGE MOVED TO ADOPT THE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING FINDINGS OF FACT AND RENEWING A MORATORIUM FOR 6 MONTHS, OR UPON ADOPTION OF CODE AMENDMENTS, WHICHEVER OCCURS FIRST, ON THE ACCEPTANCE OF APPLICATIONS FOR AND ISSUANCE OF LAND USE, BUILDING AND DEVELOPMENT PERMITS, AND BUSINESS LICENSES, FOR ADULT ENTERTAINMENT AND ADULT RETAIL USES. COUNCILMEMBER GATES SECOND. City Council Regular Meeting February 2, 1999 - Page 6 The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes CITY COUNCIL BUSINESS Human Services Commission Appointments COUNCILMEMBER DOVEY MOVED TO APPOINT BILL FOULKES TO A 2-YEAR TERM, RICHARD BYE, RICK AGNEW, AND REVEREND JONATHAN SCHMICK TO 3-YEAR TERMS ON THE HUMAN SERVICES COMMISSION, AND DONNA WILLIAMS AND KEVIN KING AS ALTERNATES TO 3-YEAR TERMS. COUNCILMEMBER KOCHMAR SECOND. The motion passed unanimously. Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes VIII. INTRODUCTION ORDINANCES a. Council Bill #213/Rezone for Heritage Woods Div II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REZONING A PORTION OF AN APPROXIMATELY 15 ACRE SITE GENERALLY LOCATED BETWEEN SOUTH 282ND AND SOUTH 284TH STREETS, WEST OF MILITARY ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE-FAMILY RESIDENTIAL (RS 9.6) TO SINGLE-FAMILY RESIDENTIAL (RS 7.2), (REZ92-0003). MOTION BY COUNCILMEMBER WATKINS TO MOVE COUNCIL BILL //213 TO SECOND READING/ENACTMENT ORDINANCE TO THE FEBRUARY 16, 1999 CITY COUNCIL MEETING. COUNCILMEMBER KOCHMAR SECOND. The motion passed 4-3 as follows: Burbidge yes Dovey no Gates yes Gintz no Kochmar yes Park no Watkins yes City Council Regular Meeting February 2, 1999 - Page 7 b. Council Bill/~r214/$pecial Lodging Excise Tax AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, LEVYING A SPECIAL EXCISE TAX OF ONE PERCENT ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING BY ANY HOTEL, ROOMING HOUSE, TOURIST COURT, MOTEL OR TRAILER CAMP, AND THE GRANTING OF ANY SIMILAR LICENSE TO USE REAL PROPERTY; ESTABLISHING A SPECIAL REVENUE FUND (HOTEL/MOTEL TAX NO. 109) FOR THE TAX; PROVIDING PENALTIES FOR NONPAYMENT OF THE TAX OR VIOLATION OF THE REQUIREMENTS OF THE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOTION BY COUNCILMle~MBER GATES TO MOVE COUNCIL BILL //214 TO A SECOND READING/ENACTMENT ORDINANCE TO THE FEBRUARY 16, 1999 COUNCIL MEETING. COUNCILMEMBER BURBIDGE SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes IX. CITY MANAGER REPORT City Manager Ken Nyberg announced the Council mini-retreat will be held on February 27, 1999 from 10-2 PM (place yet to be determined), Mayor Gintz will hold his State of the City Address on February 3, 1999, and Council will hold an executive session on Potential Litigation/Pursuant to RCW 42.30.110(1)(i) and Property Acquisition/Pursuant to RCW 42.30.110(1)(b) with no action expected - anticipated to last approximately 15 minutes. Xo CITY COUNCIL REPORTS Councilmember Dovey stated the next meeting of the Parks/Recreation/Public Safety & Human Services Committee will be on February 8, 1999 at 5:30 PM. Councilmember Watkins stated the next meeting of the Land Use/Transportation Committee is scheduled for February 16, 1999 at 5:30 PM. Councilmember Burbidge stated she would be attending the Executive Advisory Committee meeting tomorrow, February 3, 1999. Councilmember Gates stated the next meeting of the Finance/Economic Development/Regional Affairs Committee is scheduled for February 23, 1999 and updated Council and the public on Sound Transit issues and regional committee meetings. Councilmember Kochmar stated she has been attending the Airport Cities Coalition meetings and City Council Regular Meeting February 2, 1999 - Page 8 hopes to have a status report for Council at the February 16, 1999 Council meeting. Deputy Mayor Park stated he will attend a Private Industry Council meeting on February 10, 1999. Mayor Gintz stated he will deliver his State of the City address tomorrow at the Aquatic Center. COUNCILMEMBER GATES MOVED TO SUSPEND THE RULES TO ALLOW THE MEETING TO GO PAST 10:00 PM. COUNCILMEMBER DOVEY SECOND. The motion carried as follows: Burbidge yes Dovey yes Gates yes Gintz yes Kochmar yes Park yes Watkins yes XI. EXECUTIVE SESSION Council adjourned to Executive Session at 9:45 PM. a. Potential Litigation/Pursuant to RCW 42.30.110(1)(i) b. Property Acquisition/Pursuant to RCW 42.30.110(1)(b) XII. ADJOURNMENT There being no further business before the Federal Way City Council, Mayor Gintz adjourned the February 2, 1999 regular meeting at 10:00 PM. Laura Ulanowski, Deputy City Clerk MEETING DATE: February 16, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Redondo Firs Final Plat, King County file no: S90P0002/Federai CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ none Expenditure Amt: $ none Contingency Reqd: $ none A~ACHMENTS: (1) January 25, 1999 City Council/Land Use Transportation Committee memo which includes as Exh/bit AA the January 20, 1999 Staff Report to the City Council; Resolution 93-140 as Exhibit A, ..................................................... .r..~.r.!.~.t...o.;.~.o.~..a.?..~.~.~.~.~.t...c..;.,~.~..~..~,~.~!.u.~.o.~n..~..~!.t.g.. .................................................... SUMMARY/BACKGROUND: The applicant has submitted a request for a £mal plat approval for Redondo Firs, a 6 lot single family subdivision on 3.75 acres. This is an "A" list item under the King County/Federal Way Interlocal Agreement. The preliminary plat was originally approved by the Federal Way Cit~ Council on May 4, 1993. The City Council Land ...~.~.~! .o..a....C..?...m...m..!~.~ .~ ~..C. ).. ~.~ ..t.h.~..~.r!~.L~. ~.t' .~ ..t..h.~..r..~.. ~ ,..~ ~...m..~'..m.~... ............................................... CITY COUNCIL COMMITTEE RECOMMENDATION: Recommend approval of S90P0002/Federal Way File ~.~..~.~.k.4.?.°.:~r..?.?..s.~..~....~.a..~.s....~....2~8:~°...°.~°..~!.~.~.c..m...~!~p.!~..t.~9.~2~: ................................................................................................ CITY MANAGER RECOMMENDATION: Recommend approval of King Count~ file no: Sg0P0002/Federal Wa_~ File Nos ILA90-PP 18-SUB and SUB98-0001, the fmal Elat of Redondo Firs.d,,a. ................................................................................................................................ ?,~;...: ............................................................. .................. .,.7;....:.fi..f.:.. APPROVED FOR INCLUSION IN COUNCIL PACKET: kj.!)~4' (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # I:~CO VER CC- 5 /14/96 CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: January25,1999 To: FROM: City Council Land Use/Transportation Committee Councilmember Phil Watldns, Chair ~ory Moore, AICP, Director of Community Development Services CONTACT: Deb Barker, Associate Planner Final Plat of Redondo Firs - King County File No. S90P00002; Federal Way File No's: ILA90-PP18 & SUB 98-0001 I. SUMMARY OF APPLICATION Final plat approval of the plat of Redondo Firs, a subdivision of six single family lots on 3.75 acres. An "A" list item under the King County/Federal Way Interlocal Agreement, the preliminary plat of Redondo Firs was originally approved by the Federal Way City Council on May 4, 1993, as a seven lot subdivision. The plat of Redondo Firs is located north of South 277th Place at 21 st Place South in Federal Way. King County zoning for the site at the time of application was Suburban Residential (SR-7200). II. REASON FOR COUNCIL ACTION The final decision for all final plats rest with the City Council in accordance with Federal Way City Code (FWCC) Section 20-134(b) (Supplement #4). Bringing this matter before the City Council Land Use/Transportation Committee for review and recommendation prior to the full council is consistent with how land use matters are currently processed by the city. III. STAFF RECOMMENDATION City of Federal Way staff has reviewed the final plat of Redondo Firs for compliance with SEPA conditions, preliminary plat conditions, and all applicable codes and policies. All applicable codes, policies, and conditions have been satisfactorily met. Staff recommends approval to the council. IV. PROCEDURAL SUMMARY May 4, 1993 Preliminary plat approval granted by Federal Way City Council. December 23, 1997 Engineering approval granted. March 31, 1998 Final plat application submitted January 8, 1999 Final plat application determined complete. February 1, 1999 City Council Land Use/Transportation Committee meeting. Land Use/Transportation Committee forwards a recommendation to the full City Council. February16,1999 City Council meeting. - Pursuant to Section 20-136-of the Federal Way City Code, the City Council shall consider the application at a public meeting. V. DECISIONAL CRITERIA Pursuant to FWCC Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-134(b) (Supplement #4), are met. Findings contained in the staff report to the City Council and by reference in the draft resolution indicate that the application is consistent with these criteria. L APRMS YS~DOCL~,4ENT~UB98_00 01 ~LUTCMEMO DOC Page -2- COMMUNITY DEVELOPMENT SERVICES STAFF REPORT REQUEST FOR FINAL PLAT APPROVAL REDONDO FIRS King County File No. S90P0002 Federal Way File No's: ILAgO-PP18-SUB & SUB98-O001 INTRODUCTION Date: January 20, 1999 Request: Request for Final Plat Approval for Redondo Firs Description: Redondo Firs is a proposed subdivision of six single family lots on 3.75 acres. It was originally approved by the Federal Way City Council on May 4, 1993, per Resolution 93-140 (Exhibit A) as a seven lot subdivision (Exhibit B, Approved Preliminary Plat of Redondo Firs). King County zoning for the site at the time of application was Suburban Residential (SR-7200). Lot sizes on the final plat (Exhibit C, Final Plat of Redondo Firs) average about 15, 000 square feet. Access for the subdivision is proposed via 21 st Place South through the Laurelwood development (Exhibit C, Final Plat of Redondo Firs). All roads and sidewalks within the proposed subdivision have been constructed, storm drainage facilities have been installed, and water and sewer lines are in. Owner: Chuck Holcolm, Jr. 6312 Madrona Drive Tacoma, Washington 98422 (360) 754-4700 Engineer: Schupe Holmberg Baima & Holmberg Inc. 100 Front Street Issaquah, WA 98027 (425) 392-0250 Location: The site is located north of South 277th Place at 21 st Place South, in Section 33, Township 22 North, Range 4 East, WM, King County (Exhibit D, Vicinity Map). EXHIBIT PAGEt..L_OF_. Sewage Disposal: Water Supply: Fire District: School District: Report Prepared By: Midway Sewer District. Lakehaven Utility District Federal Way Fire Department Federal Way, No. 210 Deb Barker, Associate Planner II HISTORY AND BACKGROUND A Resolution of the City of Federal Way, Washington, approving the final plat of Redondo Firs designated as King County File No. S90P0002/Federal Way File No's. ILAg0-PP 18 and SUB98-O001 is enclosed (Exhibit E). The application for the subdivision of Redondo Firs was filed with King County on February 1, 1990, prior to the incorporation of Federal Way. This proposal is an "A" List item under the King County/Federal Way Interlocal Agreement. Therefore, the City of Federal Way is responsible for reviewing Redondo Firs pursuant to King County plans, regulations, and codes in effect at the time of the preliminary plat application. The preliminary plat of Redondo Firs consisting of seven single-family residential lots on 3.75 acres (Exhibit B), was granted approval by the City of Federal Way on May 4, 1993, per Resolution 93-140 (Exhibit A, pages 1-3) based on the findings, conclusions, and recommendations contained in the April 5, 1993, Hearing Examiner report, as adopted by reference. During engineering review, it became evident that access to lot #7 would not be possible. Lot #7 was incorporated into Tract A, and the lot number reduced to six. The applicant applied for final plat approval on March 31, 1998. Redondo Firs is an "A" List item being processed under the City of Federal Way/King County Interlocal Agreement. As per RCW 58.17.170 and Division 7 of the Federal Way City Code (FWCC), the council is charged with determining whether the proposed final plat conforms to all terms of the preliminary plat approval, and whether the subdivision meets the requirements of all applicable state laws and local ordinances which were in effect at the time of preliminary plat approval. Staff Report Page -2- EXHiBiTdO PAGE OF City of Federal Way staff has reviewed the final plat of Redondo Firs for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes and policies and plat conditions have been satisfactorily met. Staff recommends final plat approval to the council. The remainder of this staff report addresses how the applicant has fulfilled the conditions of preliminary plat approval. III COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS Hearing Examiner Condition #1 - The plat shall comply with all platting provisions of Title 19 of the King County Code (King County Subdivision Ordinance). Response - This condition has been met. (Based on review of the file, an inspection of the site, and conditions as outlined in this staff report, staff has made the determination that the applicants have complied with the platting requirements of King County Title 19, Subdivision Code). Hearing Examiner Condition #2 - The area and dimensions of all lots shall meet the minimum requirements of the SR 7200 zone classification. Response - All lot sizes meet and exceed the minimum requirements of King County Section 21.08.080 "Lot Area." This condition has been met. Hearing Examiner Condition #3 - All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952 except as modified for the City of Federal Way. Response - This language has been included under DEDICATION on Sheet 3 of 3 of the Final Plat (Exhibit C). The Title Report shows certain parties as having ownership interest in the property. The required signature blocks are provided under the dedication language on Sheet 3 of 3 of the final plat (Exhibit C). Signatures of all parties having ownership interest will be provided on the final plat mylar prior to signing by the Mayor and other department heads, and recording with King County. This condition has been met. Hearing Examiner Condition #4 - A developer extension agreement must be entered into between the applicant and the Federal Way Water and Sewer District for the water system. Response - In an October 27, 1998 letter, Lakehaven Utility District (formerly Federal Way Water and Sewer District) the district accepted the final plat (Exhibit F). This condition has been met. Staff Report Page -3- PAGE_ OF Hearing Examiner Condition #5 - Approval shall be obtained from the Midway Sewer District for the sewer system. Response - In a November 23, 1998 letter, Midway Sewer District has accepted the final plat (Exhibit G). This condition has been met. The recorded sewer easement will be provided prior to plat recording. Hearing Examiner Condition #6 -The applicant must obtain final approval from the King County Health Department. Response - All lots will receive water from the Lakehaven Utility District and all lots will receive sewer service from Midway Sewer District. There are no facilities which require service or approval by the King County Health Department. Hearing Examiner Condition #7 - The applicant must obtain the approval of the City of Federal Way for the adequacy of the fire hydrant, water main, and fire flow standards. Response - On November 30, 1998, the Federal Way Fire Department verified that hydrant is adequate and facilities are in service. This condition has been met. Hearing Examiner Condition #8 - In lieu of providing an approved turnaround for emergency vehicle access for lots #5 and #7, the applicant may request that the subject residences to be constructed on these two lots be sprinkled. Response - This condition has been met with the elimination of lot #7 and the plat note for lot #5 indicating that a sprinkler system is required for the residence on lot #5. Hearing Examiner Condition #9 - An uninventoried Class III wetland exists on the site of the proposed subdivision. The following conditions shall be satisfied with respect to this wetland: The uninventoried wetland and stream feature that have both been field surveyed shall be protected by a 25 foot buffer and shall be designated as a Native Growth Protection Easement (NGPE). Response - This condition has been met. b. The NGPE shall be located within a separate tract and shown on the approved engineering plans and recorded on the final plat. Response - This condition has been met as the NGPE's have been located within separate tracts--Tracts A and B. Staff Report Page-4- I~,.:, Ol~j~c~ Fir~o4~98-O001 PAGE, OF Co An additional 15 foot building setback line (BSBL) shall be delineated adjacent to the NGPE, shown on the approved engineering plans, and recorded on the final plat. No improvements or intrusions except a biofiltration swale shall be allowed within the BSBL. Response - This condition has been met with the depiction of the 25 foot BSBL on the Sheet 1 of 3 and BSBL language on Sheet 3 of 3 of the final plat (Exhibit C). d. The plan shall mitigate the potential impact of the human intrusion into the wetland by providing permanent fencing (refer to condition #13). Response - This condition has been met with the fence note on Sheet 1 of 3 of the final plat (Exhibit C). Hearing Examiner Condition #10 - The following statement shall be shown on the approved engineering plans and recorded final plat: Building Setbacks and Native Growth Protection Easements Structures, fill, and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line (BSBL) and restricted floodplains (if applicable), and within the Native Growth Protection Easement(s) as shown. Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by the City of Federal Way, which permission must be obtained in writing from the Federal Way Department of Community Development Services, or its successor agency. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Federal Way, or its successor agency. Response - This condition has been met per language on Sheet 3 of 3 of the final plat (Exhibit C, Building Setbacks & Native Growth Protection Easements). Staff Report Page -5- PAG Hearing Examiner Condition #11 - At the time of recording of the final plat, the NGPE shall be dedicated to a Homeowners Association or other workable organization in order to provide for its ownership and continued maintenance. Response - This condition has been met per Note # 4 on Sheet 2 of 3 of the final plat (Exhibit C). Hearing Examiner Condition #12 - The Declaration of Protective Covenants, Conditions, and Restrictions of the Homeowners Association shall be reviewed by the City of Federal Way prior to recording to ensure that adequate provisions are made for ownership and maintenance of the NGPE and other open space areas. Response - This condition has been met with per language in the Declaration of Covenants, Conditions, and Restrictions for Redondo Firs Homeowners Association. Hearing Examiner Condition #13 - A five foot tall fence must be installed at the edge of the wetland buffer/NGPE at the time that a dwelling is constructed on the adjoining lot or ownership of that lot transferred to the first owner occupant. This fence must be constructed of such material which would allow visibility of the NGPE from the lots. Response - This condition has been met with the fence note on Sheet 1 of 3 of the final plat (Exhibit C). Hearing Examiner Condition #14 - Final plat approval shall require full compliance with drainage provisions set forth in the 1990 King County Surface Water Design Manual. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the manual and apply to all plats: a. Federal Way Public Works Department approval of the drainage and roadway plans is required prior to any construction. Response - Engineering plan approval was granted on December 23, 1997. A separate Erosion and Sediment Control (ESC) plan for this project shall be submitted with the drainage and roadway plans. The plan shall show the limits of the area to be cleared during construction or' the roads and the installation of drainage improvements and utilities, and provide a schedule of construction. The plans shall include provisions for protecting exposed soils from weathering by wind or rain by covering piles of soil with tarp. Due to erosion hazard and the presence of wetlands on-site, clearing shall be limited only to those areas required for construction of roadways and utilities. Prior to any E-- XHII5 Staff Report Page-6- clearing or grading, a boundary delineation acceptable to the City of Federal Way shall be provided between lots and areas designated as NGPE. Said boundary delineation shall remain in place until a dwelling is constructed on the lot or ownership transferred to the first owner-occupant at which time a five foot fence meeting the requirements of Condition #13 shall be constructed. Response - The TESC plans approved on December 23, 1997 depict this requirement. Co Retention/detention (R/D) and biofiltration facilities shall be located in separate tracts and dedicated to the City of Federal Way, unless located within improved City of Federal Way ril;,hts-of-way. Access for maintenance shall be provided to all facilities. This will require a 15-foot access roadway to all manholes (R/D). Tract C (biofiltration and maintenance tract) shall be a minimum of 45 feet wide. The detention system shall be designed to accommodate the 100 year 24-hour storm event with a maximum release rate of approximately 70 percent of the 2-year 24-hour predeveloped storm. Response - The retention/detention facilities are located in a separate tract (Tract C). All manholes are located within the roadway with the exception of CB #3 and CB #4 which are located within a 20 foot easement located on lots//4, #5, and #6. Access to this area is by a 20 foot access drainage easement, and lot #5. This condition has been met. do Prior to recording of the final plat, those portions of the retention/detention facility necessary to control the flows discharging from the site shall be constructed and operational. Response - This condition has been met. All storm drainage facilities have been constructed and are functioning. eo Oil/water separation facilities shall be provided at each point of permanent storm drainage release from the site so contaminants do not enter natural drainage features. In addition to oil/water separators, the applicant is required to provide biofiltration prior to discharge of stormwater into any sensitive area (e.g. streams, wetlands, lakes, etc.). Such biofiltration includes 200 feet of broad, flat-bottom, grass-lined swales, or equivalent systems. Response - Oil/water separation facilities have been designed and approved as part of engineering review (Exhibit H, Sheet 4 of 5) of the approved engineering plans. Biofiltration has been provided. Drainage outlets (stub-outs) shall be provided for each individual lot, except for those lots approved for infiltration by the City of Federal Way. Stub-out shall be shown on the engineered plans and shall conform to the following: EXHIBIT Staff Report Page -7- 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof down spouts and footing drains, driveways, yard drains, and any other surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system or to an approved outfall location. Response - Drainage outlets have been installed for each lot in compliance with this condition. Infiltration feasibility will be determined on a lot by lot basis at the time of building permit application, per Note 17 on Sheet 2 of 3 of the final plat (Exhibit C). This condition has been met. 2) Outlets on each lot shall be located with a five-foot-high, 2 x 4 inch stake marked "storm." The stub-out shall extend above surface level, be visible, and be secured to the stake. Response - The stub outs have been installed to the satisfaction of the city. 3) Pipe material shall conform to under drain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable detection feature. Response - The pipe materials installed are to the satisfaction of the city. 4) Drainage easements are required for drainage systems designed to convey flows through more than one lot. Response - This condition has been met per drainage easements shown on Sheet 1 of 3 of the Final Plat (Exhibit C) and per Notes No. 7, 8, and 9 on Sheet 2 of 3 of the final plat (Exhibit C). 5) All individual stub-outs shall be privately owned and maintained by the lot home owner. Response - Note No. 2. "Downspout Note" on Sheet 3 of 3 of the final plat (Exhibit C) addresses this condition. In some cases, on-site infiltration systems may be accepted for detention for the lots depending on soil conditions. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at six-foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water and the occurrence of mottling and impervious layers. ~,~][~iTo addres~ PAGE OF Staff Report Page -8- Redondo Firs/SUB98-0001 ho potential down gradient impacts due to increased hydraulic loading on slopes and structures. Soil permeability data obtained from the design of the septic system may be used for the drywell retention system, provided data is submitted verifying that no impervious layer exists within six feet of the soil surface. If the soils report is approved, the infiltration system shall be installed at the time of the building permit. A note to this effect shall be placed on the map page of the recorded document. The drainage plan and the recorded document shall indicate each lot approved for infiltration. Response - Wherever possible, infiltration shall be utilized unless determined not to be feasible as verified by soil logs. Note #17 of Sheet 2 of 3 of the final plat (Exhibit C) addresses this condition. A downstream analysis shall be included with the drainage plan. This analysis must extend for a minimum distance of ¼ mile from the point of release of each flow discharging from the site. The analysis must address any existing problems with flooding capacity, overtopping, scouring, sloughing, erosion, or sedimentation of any drainage facility, whether natural or man-made. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals a more restrictive situation, more stringent drainage controls than would otherwise be necessary for a project of this type may be required. These controls may include additional on-site rate and/or volume controls, off site improvements, or a combination of both. Any off-site improvements will require the approval of all affected property owners. Response - A level I drainage analysis prepared by Triad Associates, Inc. (January 1990) was submitted with the Technical Information Report (TIR) on November 1, 1996. More stringent requirements were not necessary. Current Standard Notes and Erosion Sedimentation Control (ESC) notes, as established by the City of Federal Way Public Works Department, shall be placed on the engineered plans. Response - This condition has been met as per language on Sheet 5 of 5 of the approved engineering plans (Exhibit H). j. The following notes shall be provided on the map page of the recorded document: "All building down spouts, footing drains and drains from ali impervious surfaces such as patios and driveways shall be connected to the approved permanent storm drain outlet as shown on the approved construction drawings on file with the City of Federal Way Public Works Department under project #1LA-90-0018SUB. This plan shall be submitted with the application of any building permit. Ali connections of the drains must be constructed and approved prior to the final Staff Report Page -9- Redondo Firs/SUB98-000 I EXHIB T _ PAGE___OF building inspection approval." Those lots that are designated for, "Individual lot infiltration systems, shall be constructed at thc time of the building permit and shall comply with plans on file at the Public Works Record Center." Response - This language has been provided on Sheet 3 of 3 of the final plat (Exhibit C). Hearing Examiner Condition #15 - Prior to final plat approval, a pro rata share of $5,808 shall be contributed by the developer towards the cost of project number 3323, a project to improve the flooding problem at South 272nd Street and South Star Lake Road. Response - Pro rata share payments were made on January 13, 1998. This condition has been met. Hearing Examiner Condition #16- All construction and upgrading of public and private roads shall be done in accordance With King County Road Standards established and adopted by Ordinance No. 8041 (1987 King County Road Standards). Response - The roadway was installed to the satisfaction of the city. Hearing Examiner Condition #17 - 21 st Place South shall be designed and constructed to Sub Access Street standards with 36 foot sections, in order to match the existing street configuration to the south. This street shall have vertical curb, gutter, and sidewalks along both sides. Response - 21 st Place South was constructed to a sub access street standard. Hearing Examiner Condition #18 - Planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners. This shall be stated on the face of the final plat. Response - Planter islands were not constructed with the plat. Hearing Examiner Condition #19 - Easements shall be provided for all utilities not located within public right of way. The width of the easements for the individual utilities shall be approved by the respective utility provider. These easements shall be clearly labeled on the face of the final plat. Response - Sewer utility easements are shown on the face of the plat, and have been approved by the Midway Sewer District. All Lakehaven Utility District facilities are located within the public right of way. Hearing Examiner Condition #20 - A ten foot utility easement shall be provided along the front ten feet of all lots and tracts adjacent to the proposed streets. The following statement shall be noted on the face of the final plat: Staff Report Page - 1 O- EXH I°' PAGE Easement Reservations An easement is hereby reserved for, and granted to, any public utility and their respective successors and assigns, under and upon the front ten feet parallel with and adjoining the street frontage of all lots and tracts, in which to install, lay, construct, renew, operate, and maintain underground pipe, conduit, cables, and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with utility service together with the right to enter upon the lots at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition. No utility lines shall be placed or permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building. Response - Utility easements are provided for in each lot and tract. This language has been provided in note form on Page 3 of 3 of the final plat (Exhibit C). Hearing Examiner Condition #21 - Prior to final plat approval, a fee of $8,269 shall be paid to City of Federal Way Parks, Recreation and Cultural Services Department to mitigate potential impacts on area parks. Response - Mitigation fees were paid on November 23, 1998. This condition has been met. Hearing Examiner Condition #22 - All development activities shall be designed and constructed in accordance with recommendations and conclusions contained in the March 1, 1991, Geotechnicial Investigation prepared by Dennis Joule for the proposed development, as required by the Public Works Director and Building Official. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director and Building Official during development of the site. Response - This has been done to the satisfaction of the Public Works staff. Hearing Examiner Condition #23 - The applicant shall work with Puget Power to install a street light on-site. Response - A street light is installed at the cul-de-sac. Hearing Examiner Condition #24 - Prior to final plat approval, legal access shall be provided to lot #7, or the lot shall be designated as open space and dedicated to the Redondo Firs Homeowners Association, or the applicant may sell the proposed lot to an abutting property owner. In the event that the applicant decides to sell the proposed lot to an abutting property owner, the applicant would submit a Boundary Line Adjustment application to the City of Federal Way for their review and approval prior to the recording of the final plat. Staff Report Page - I I - Redondo Firs/SUB98-000 I E, Xin, i ,,, PAGE ti OF - Response - Lot #7 has been eliminated and is now incorporated into tract A, NGPE, and is dedicated to the homeowners association per Note 4 of Sheet 2 of 3 of the final plat (Exhibit C). IV DECISIONAL CRITERIA Pursuant to Section 20-134(b) of the Federal Way City Code (Supplement #4), if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording: CRITERION #1 - The final plat is in substantial conformance to the preliminary plat. Response - This criterion has been met. CRITERION #2 -- The final plat is in conformity with applicable zoning ordinances or other land use controls. Response - This criterion has been met. CRITERION #3 -- All conditions of the Hearing Examiner and/or City Council have been satisfied. Response - This criterion has been met. CRITERION #4 - All required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted. Response - This criterion has been met. All road and storm drainage improvements have been constructed. In addition, all water and sewer lines have been installed. Adequate bonding is in place with the city, Lakehaven Utility District, and Midway Sewer District. CRITERION #5 -- All taxes and assessments owing on the property have been paid. Response- Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. V CONCLUSION Based on a site visit, review of the final plat maps, construction drawings, and the project file, staff has determined that the application for final plat approval for Redondo Firs meets all platting requirements of RCW 58.17.070, King County Title 19, and Section 20-134 of the Federal Way City Code (supplement #4). A recommendation of final plat approval is therefore being forwarded to the City Council for your approval. Staff Report Page - 12- Redondo Firs/SUB98-0001 EXHIBIT , OF e, EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Resolution 93-140 - City of Federal Way Preliminary Plat Approval of Redondo Firs with Accompanying Hearing Examiner Report 8½ x 11 Reduced Copy of Approved Preliminary Plat of Redondo Firs 8½ x 11 Reduced Copy of Final Plat Map of Redondo Firs (three pages) Vicinity Map for Redondo Firs Final Plat Resolution of the City of Federal Way Approving the Final Plat of Redondo Firs Correspondence from Midway Sewer District Correspondence from Lakehaven Utility District 8½ x 11 Reduced Copy of Approved Engineering Plans for Redondo Firs L:~PRMSYS~)OCUMI~N"F~UB98_00 01 ~qTAFFRPT DOC Staff Report Page-13- Redondo Firs/SUB98-O00 I EXHIBIT PAGE RESOLUTION NO. 93-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON~ APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF REDONDO FIRS, KING COUNTY BUILDING AND LAND DEVELOPMENT FILE NO. S90P0002 (FEDERAL WAY FILE NO ILA-90-0018-SUB}. WHEREAS, the applicant, Chuck Holcom, Jr., applied to King County for preliminary plat approval to subdivide certain real property consisting of 3.75 acres located at South 278th Street, east of Pacific Highway South and north of South 277th Place into seven (7) single family lots; and WHEREAS, subsequent to the application, but prior to the Hearing Examiner hearing on the preliminary plat, the City of Federal Way incorporated; and WHEREAS, an interlocal agreement between the City of Federal Way and King County requires that the City make decisions on the preliminary plat application using Federal Way procedures and King County substantive criteria; and WHEREAS, the Federal Way Land Use Hearing Examiner held a public hearing on March 23, 1993, concerning the preliminary plat of Redondo Firs; and WHEREAS, at the conclusion of said hearing the Federal Way Land Use Hearing Examiner issued its Findings, Conclusions, Conditions, Recommendations and Decision on April 5, 1993; and WHEREAS, the city Council of the City of Federal Way is the governmental body now having jurisdiction and authority to pass EXHIBIT A PAGE', OF_Z/. upon the approval, denial or modification of the conditions of said preliminary plat using the substantive criteria of the King County Codes; and WHEREAS, the City Council having considered the written record and Recommendation of the Hearing Examiner, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW and all other applicable City Codes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinqs of Facts, Conditions and Conclusions. The Findings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner issued on April 5, 1993, following a hearing held on March 23, 1993, which included a recommendation to approve the preliminary plat of Redondo Firs subject to certain conditions, are hereby adopted as the Findings, Conclusions and Conditions of the City Council. Section 2. Application Approval. Based upon the Findings, Conclusions and Recommendations of the Federal Way Land Use Hearing Examiner, as adopted by reference by the City Council set forth hereinabove, the preliminary plat of Redondo Firs, Building and Land Development File No. S90P0002 (Federal Way File No. ILA-90-O018-SUB) is hereby approved subject to the Conditions contained in the Recommendation of the Federal Way Land Use Hearing Examiner Report for this matter dated April 5, 1993, attached hereto as Exhibit A and incorporated by this reference. Resolution No. 93-140 Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the Hearing Examiner for the City of Federal Way to review the impacts of the invalidation of any condition or conditions and Conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate provisions for the public health, safety and general welfare and other factors as required by RCW Chapter 58.17 and applicable County and/or City ordinances, rules and regulations and forward such recommendation to the City Council for further action. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way city council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS 4th DAY OF May , 1993 CITY OF FEDERAL WAY , OBERT STEAD CITY CLERKT~~ M. SWANEY,/ CMC Resolution No. 93-140 EXH Ii]IT..___ FAGE_ ._ OF, '? APPROyED AS TO C~~IATTORNEY, FORM: CAROLYN A. LAKE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 93-140 April 28, 1993 May 4, 1993 Ka~bleen ~re~o 4 BEFORE THE HEAR~G EXAMIN~ OF THE CITY OF FEDERAL WAY IN THE MATTER OF THE APPLICATION OF: CHUCK HOLCOM, JR., FOR PROPOSED PLAT OF REDONDO FIRS Approval of Preliminary Plat KING COUNTY FILE #S90P0002 FILE glLA-90-0018-SUB FW-[-IE//93-1 RECOI~fENDATION I. SUMMARY OF APPLICATION Redondo Firs is a proposed subdivision of 3.75 acres into seven (7) single family lots with access proposed to be off of 21st Place South and Pacific Highway South (Exhibit A). Lot sizes range from 12,400 to 31,950 square feet with an average lot size of 15,061 square feet. There is a Class IlI Wetland in the west-central portion of the site. The proposal falls Within a suburban residential (SR-7200) zone. PROCEDURAL INFOR~L4TION At the hearing the following presented testimony and evidence: Margaret Clark, Senior Planner, City of Federal Way 33530-1st Way.South, Federal Way, WA 98003 o Andy King, Triad Associates 11415 NE 128th Street, I<irkland, WA 98034 Ron Garrow, Senior Development Engineer, City of Federal Way 33530-1st Way South, Federal Way, WA 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings: Staff Report with Exhibits a. b. C. Preliminary Plat Map Vicinity Map Mitigated Determination of Non-signific c xHlBi.i. AGE v OF I? EXHIBIT ",~" REr}ONDO FIRS PRELI3,flNARY PLAT K_ENG COUNTY FILE #S90P0002 FILE glLA-90-0018-SUB; FWh-qg g93-1 PAGE 2 do Oo Preliminary Plat Map Environmental Checklist Letter from Federal Way Public Schools dated 12/23/92 Communication from Pat Kettenring, Fire District, dated 12/31/92 Community Development Technical Review Committee Report from Federal Way Water and Sewer dated 12/31/92 Letter from C. Gary Schulz, Wetland/Forest Ecologist, dated 5126191 Vicinity Map Geotechnical Inv .estigafion King County Road Adequacy Standards (KC Code 21.49) Location Map of Sidewalk~ Relative to Existing Bus Stops City Department of Community Development Technical Committee Report dated 4/18/91 King County Certificate of Water Availability King County Certificate of Sewer Availabil/ty Seattle-King County Department: of Public Health/Environmental Health Services Application for Preliminary Health Department Subdivision Approval King County Council Motion ~952 dated 3/26/84 2. Applicant's Proposed Revisions to Staff Conditions 3. Copy of Applicable King County Road Standards I~: FIh~G$ The applicant has a possessory ownerskip interest in a 3.75 acre parcel of property located at the terminus of South 278th Street in north Federal Way, north and east of the single family residential subdivision of Scarbrough Divisions 1 and 2. The site is east of Pacific Highway South and north of South 277th Place. A preliminary plat application was fried approximately one month prior to the effective date of the formation of the City of Federal Way and, therefore, this preliminary plat is considered under King County plans, regulations, and codes in effect on the date of application (February 1, 1990). Both the King County and Federal Way Zoning Codes classify the site for single family residential dwellings on minimum 7,200 square foot lot sizes. The applicant is proposing a single family residential plat consisting of seven (7) lots, with a minimum lot size of 12,400 square feet and maximum lot size of 31,950 square feet, with an average lot size ot 15,061 square feet. On October 9, 1992, the City of Federal Way, as lead agency, issued a Mitigated Determination of Non-Significance 0VIDNS) and no appeals were filed. PAGE_ __OF REDONI)O FIRS PRELI]M]NARY PLAT KING COUNTY FILE #S90P0002 FILE gILA-90-0018-S~; I%VITE gO3-1 PAGE 3 The topography of the site is hilly and a stream flows from southwest to northeast across the western portion of the site. Slopes around the stream are as steep as twenty-five (25%) percent. The U.S. Soil Conservation Service-King County Soil Survey, establishes that the soils on the site are Alderwood Gravelly Sandy Loam with some areas of Everett Gravelly Sandy Loam. In addition, the applicant commissioned a geotechnieal study of the site, which was prepared by Dennis loule, P.E., and submitted on March 1, 1991. The geotechnical report establishes that the slopes exhibit no evidence of instability, and that if recommendations contained in the report are followed, both the ex/sting slopes and the slopes created during construction should remain stable. A condition in the MDNS agreed to by the applicant is that all recommendations of the geotechnieal report be complied with during development of the site. Furthermore, an erosion and sedimentation control plan will be prepared by the applicant and reviewed by the City to ensure compliance with King County Ordinance #4938 and the 1990 Surface Water Manual. The soil types, geotechnieal report, and future review will assure that no adverse impacts will occur due to erosion, and that the soils are adequate to allow development of the site as proposed. An intermittent stream flows from the southwest to the northeast and there is an associated Class III Wetland located on the western portion of the site. The Class. III Wetland is the least valuable of all wetlands and in 1990 King County required a twenty- five (25) foot wetland buffer and a fifteen (15) foot building setback line from the buffer. The stream will be protected from stormwater impurities by a grass-lined bioffltration swale. The conditions of approval requiring compliance with the King County Surface Water Design Manual and the erosion sedimentation control plan are sufficient to protect the intermittent stream and associated wetland. Due to past logging activities, the majority of the site is forested upland dominated by mature deciduous trees with scattered second and third growth conifers. The wetland and intermittent stream border is characterized by big leaf maple, red alder and other trees associated with salmon berry understory. A site visit by staff establishes that there are no threatened or endangered species on site and that the riparian corridor is an isolated natural drainage area influenced by stormwater run off flows due to recent development. The twenty-five (25) foot native buffer is satisfactory to protect existing plants and wildlife within the corridor. The plat map reveals that six (6) lots are proposed east of the wetland and corridor and will access the extension of South 278th Street, which will be known as 21st Place South. Lot seven (7) is on the west side of the corridor and at present has no access. If legal access cannot be provided, the lot must either be designated as open space or sold to a surrounding property owner. ~_ 41BIT_ PAG E?. _OF _ REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE//S90P0002 FILE gILA-90-0018-SUB; FWHE ~)3-1 PAGE 4 10. 11. 12. The site will generate approximately seventy (70) average daily trips, sixty (60) of which will utilize 21st Place South, with the remaining ten (10) trips onto Pacific Highway South (assuming access is provided to lot seven (7)). A traffic impact study is not required due to the light traffic volume and no change in level of service at any s~eet intersection in the immediate vicinity. The plat road will be constructed to 1987 King County standards. The roads serving the plat are adequate. Students residing in the plat will attend schools operated by the Federal Way School District, which will f'mance needed facilities by using a combination of construction bonds, impact fees, and State matching funds. The applicant will provide sidewalks on both sides of 21st Place South, extending into the bulb of the cul-de-sac. School bus stops located in the vicinity are accessed by sidewalks at present, thus adequate provision is made for schools and for the safety of children walking to bus stops. The applicant is not providing neighborhood parks, but has agreed to pay the sum of $8,269 to the City of Federal Way ia order to mitigate impacts on existing open space and recreational facilities. The applicant has, therefore, made appropriate provisions for parks and recreation. The Federal Way Water and Sewer District will pro'vide both potable water and fn-e flow to the site. The sewer service will be provided by the Midway Sewer District, which has provided a Certificate of Sewer Availability. Adequate provision is made for water and the satisfactory disposal of sanitary waste. The storm drainage system will be designed in conformance with the 1990 King County Surface Water Design Manual. An infiltration system is proposed to collect run off generated by roof and footing drains. Run off from impervious road surfaces will be detained in an underground detention pipe and released at predevelopment rates into a grass-lined biofiltration swale located in Tract C, which parallels the riparian corridor. Storm drainage run off from the site will contribute to an existing flooding problem on South 272nd Street and South Star l_ake Road. The MDNS requires the applicant to contribute a prorata share of $5,808 to rectify the flooding problem. The applicant will design the plat storm drain system to accommodate the one hundred (100) year/twenty- four (24) hour storm event with maximum release rate of approximately seventy (70%) percent of the two (2) year/twenty-four (24) hour'predevelop rate. The proposed storm drain system and off site mitigation funds make adequate provision for plat storm drainage. The 1985 King County Comprehensive Plan designates the site as Urban. The proposed subdivision is not in conflict with the policies of the King County Comprehensive Plan. XHIBIT_._ E___OF i PAG RFI)ONDO FIRS PRELIMINARY PLAT KENG COUNTY FILE//S90P0002 FII,E glLA-90-0018-SUB; FWHE g03-1 PAGE 5 The proposal is also located within the Federal Way Community Planning Area, which designates the project area as single family'with a recommended density of between four (4) and nine (9) dwelling units per acre. Since this plat is proposed at a density of less than two (2) dwelling units per acre, it is substantially less than the recommended density. 13. The only issue unresolved between staff and the applicant is whether rolled curbs or vertical curbs should be provided on the plat road. The applicant desires to provide rolled curbs to match the existing curbs on streets in the Scarbrough division. Public Works desires a vertical curb and gutter section, which provides a more difficult obstacle for cars to overcome to get onto a sidewalk. The applicant's reason for requesting rolled curbs is for continuity and to provide more flexibility for driveway cuts. The King County Road Standards of 1987 allow a choice of vertical or rolled curbs. It is the Examiner's opinion that since this site is a new subdivision and not a part of the Scarbrough division, it should be developed in accordance with present standards as much as possible. The lots surrounding the cul-de-sac are quite narrow (25 feet) and rolled curbs may not adequately define the driveways. In addition, children generally play within cul-de-sacs and on dead end streets. For safety purposes, the vertical curbs should be required. 14. The Federal Way Zoning Code provides that preliminary plat applications are reviewed under Process 111. Under this process, the Hearing Examiner makes a recommendation to the Federal Way City Council, which will then make the final decision as to approve or disapprove the proposed plat. Prior to making a recommendation, the Examiner must find that the specific Process IH decisional criteria are met. Findings required on each criteria are hereby made as follows: The project is consistent with the King County Comprehensive Plan and the Federal Way Community Plan, both of which recommend relatively high density single family residential for both the area and the site. The project may not be consistent with all applicable provisions of the Federal Way Zoning Code, but is consistent with all applicable provisions of the King County codes in effect on the date of submission of the completed plat application. The plat complies with Title 19 of the King County Subdivision Ordinance,'RCW 58.17 and the SR 7,200 Zoning District. Co Assuming the applicant complies with conditions of approval contained in the MDNS and hereinafter, the public health, safety and welfare will be protected. :BIT..__.__ PAG REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90P0002 FILE #ILA-90-0018-SUB; I~VttE g93-1 PAGE 6 IV. CONCLUSIONS The applicant has established that the proposed preliminary plat of Redondo Firs is consistent with the King County Comprehensive Plan, the Federal Way Community Plan, the SR 7,200 zone, Title 19 of the King County Subdivision Ordinance, all other applicable King County codes and policies, and RCW 58.17.110. This proposed preliminary plat makes appropriate provisions for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary waste, parks, playgrounds, sites for schools and school grounds, and considers all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school. The proposed preliminary plat of Redondo Firs will. serve the public use and interest by providing an attractive location for single family residential development in the north portion of the City of Federal Way and should be approved by the Federal Way City Council, subject to the following conditions: The plat shall comply with all platting provisions of Title 19 of the King County Code (King County Subdivision Ordinance). The area and dimensions of all lots shall meet the minimum requirements of the SR 7,200 zone classification. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952 (Exhibit R) except as modified for the City of Federal Way. A Developer Extension Agreement must be entered into between the applicant and the Federal Way Water and Sewer District for the water system. 5. Approval shall be obtained from the Midway Sewer District for the sewer system. 6. The applicant must obtain final approval from the King County Health Department. The applicant must obtain the approval of the City of Federal Way for the adequacy of the fzre hydrant, water main, and fzre flOw standards. o In lieu of providing an approved turnaround for emergency vehicle access for Lots five (5) and seven (7), the applicant may request that the subject residences to be constructed on these two lots be sprinkled. An uninventoried Class 1TI Wetland exists on the site of the proposed subdivision. The following conditions shall be satisfied with respect to this wetland: PAGE o_/2_.OF REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE #S90P0002 FILE glLA-90--0018-SUB; FWHE #93-1 PAGE 7 10. The uninventoried wetland and stream feature that have both been field surveyed shall be protected by a twenty-five (25) foot buffer and shall be designated by as a Native Growth Protection Easement (NGPE). bo The NGPE shall be located within a separate tract and shown on the approved engineering plans and recorded final plat. Co An additional 15-foot Building Setback Line (BSBL) shall be delineated adjacent to the NGPE and shown on the approved engineering plans and recorded final plat. No improvements or intrusions except a biofiltrafion swale shall be allowed within the BSBL. The plan shall mitigate the potential impact of the human intrusion into the wetland by providing permanent fencing (Refer to Condition #13). The following statement shall be shown on the approved engineering plans and recorded final plat: "Building Setbacks and Native Growth Protection Easements Structures, ~l and obstructions (including, but not limited to decks, patios, outbuildings, or overhangs beyond 18 inches) are prohibited within the building setback line ('BSBL) and within the Native Growth Protection Easement as shown. Dedication of a Native Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land within the easement. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety, and welfare, including control of surface water and erosion, maintenance of slope stability, visual and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all present and future owners and occupiers of the land, subject to the easement, the obligation, enforceable on behalf of the public by the City of Federal Way, to leave undisturbed all trees and other vegetation within the easement. The vegetation within the easement may not be cut, pruned, covered by fill, removed, or damaged without express permission from the City of Federal Way, which permission must be obtained in writing from the City of Federal way Department of Community Development or its successor agency. REDONDO ~ PRELIMINARY PLAT KING COUNTY FILE #S90P0002 FILE glLA-90--0018-SUB; F~VItE ~3-1 PAGE 8 I1. 12. 13. 14. Before and during the course of any grading, building construction, or other development activity on a lot subject to the NGPE, the common boundary between the easement and the area of development activity must be fenced or otherwise marked to the satisfaction of the City of Federal Way or its successor agency." At the time of recording of the final plat, the NGPE shall be dedicated to a Homeowners Association or other workable organization in order to provide for its ownership and continued maintenance. The Declaration of Protective Covenants, Conditions, and Restrictions of the Homeowners Association shall be reviewed by the City of Federal Way prior to recording to ensure that adequate provisions axe made for ownership and maintenance of the NGPE and other open space areas. A five foot tall fence must be installed on the edge of the wetland buffer/NGPE at the time that a dwelling is constructed on the adjoining lot or ownership of that lot transferred to the fa'st owner-occupant. This fence must be constructed of such material which would allow visibility of the NG?E from the lots. Final plat approval shall require full compliance with drainage provisions set forth in the 1990 King County Surface Water Design Manual. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. The following conditions represent portions of the Manual and shall apply to all plats: ao Federal Way Public Works Department approval of the drainage and roadway plans is required prior to any construction. A separate Erosion and Sediment Control (ESC) plan for this project shall be submitted with the drainage and roadway plans. The plan shall show the limits of the area 'to be cleared during construction of roads and the installation of drainage lmprovements and utilities, and provide a schedule of construction (construction sequence). The plans shall include provisions for protecting exposed soils from weathering by wind or rain by covering piles of soil with tarp. Due to erosion hazard and the presence of wetlands on-site, clearing shall be limited only to those areas required for construction of roadways and utilities. Prior to any clearing or IBIT__._ F' GE REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE//S90P0002 FILE//ILA-90-0018-SUB; FWi:IE//93-1 PAGE 9 fo grading, a boundary delineation acceptable to the City of Federal Way shall be provided between lots and areas designated as a NGPE. Said boundary delineation shall remain in place until a dwelling is constructed on the lot or ownership transferred to the first owner-occupant at which time a five foot fence meeting the requirements of Condition//13 shall be constructed. Retention/detention (R/D) and biofiltmtion facilities shall be located in separate tracts and dedicated to the City of Federal Way, unless located within improved City of Federal Way rights- of-way. Access for maintenance shall be provided to all facilities. This will require a 15-foot access roadway to all manholes (PdD). Tract C (Bioffltration and Maintenance Tract) shall be a minimum of 45 feet wide. The detention system shall be designed to accommodate the 100-year 24-hour storm event with a maximum release rate of approximately 70 percent of the 2-year 24-hour pre- developed storm. Prior to recording of the final plat, those portions of the retention/detention and biofiltration facilities necessary to control the flows discharging from the site shall be constructed and operational. Oil/water separation facilities shall be provided at each point of permanent storm drainage release from the site to prevent contaminants from entering the natural drainage features. In addition to oil/water separators, the applicant is required to provide bio£fltration prior to discharge of stormwater into any sensitive area (e.g. streams, wetlands, lakes, etc.). Such bio£fltration includes 200 feet of broad, flat-bottom, grass-l/ned swales or equivalent. Drainage outlets (stub-outs) shall be provided for each individual lot, except for those lots approved for inf'fltration by the City of Federal Way. Stub-outs shall be shown on the engineered plans and shall conform to the following: 1) Each outlet shall be suitably located at the lowest elevation on the lot, so as to service all future roof downspouts and footing drains, driveways, yard dra.i~ns~ and any oLher_ ,,~ .: ,,: HIBIT F, GE OF REDONDO FIRS PRELIMINARY PLAT KfiNG COUNTY FILE #S90P0002 FILE gELA-90-0018-SUB; F~V1TE g93-1 PAGE 10 ho 2) surface or subsurface drains necessary to render the lots suitable for their intended use. Each outlet shall have free-flowing, positive drainage to an approved stormwater conveyance system. Outlets on each lot shall be located with a 2"x4" stake marked "storm." The stub-out shall extend above surface level, be visible and be secured to the stake. 3) Pipe material shall conform with underdrain specifications described in KCRS 7.04 and, if non-metallic, the pipe shall contain wire or other acceptable feature detectable from the surface. 4) Drainage easements are required for drainage systems designed to convey flows through more than one lot. 5) All individual stub-outs shall be privately owned and maintained by the lot home owner. In some cases, on-site infiltration systems may be accepted for detention for the lots depending on soil conditions. To determine the suitability of the soil for infiltration systems, a soils report that includes percolation tests and a soil log taken at 6-foot minimum depth shall be submitted by a professional engineer, or soil specialist. This shall include, at a minimum, information on soil texture, depth to seasonal high water and the occurrence of mottling and impervious layers. The report shall also address potential down gradient impacts due to increased hydraulic loading on slopes and structures. If the soils report is approved, the infiltration systems shall be installed at the time of the building permit. A note to this effect shall be placed on the face of the final plat map. The drainage plan and the final plat map shall indicate each lot approved for inf'fltrafion. A downstream drainage analysis shall be included with the drainage plan. This analysis must extend for a minimum distance of IA mile from the point of release of each flow discharging from the site. The analysis must address any existing problems with flooding, capacity, overtopping, scouring, sloughing, erosion, or sedimentation of any drainage facility, wheth~er, n:~l~u~, gr~- Hll l I REDONDO FIRS PRELIMINARY PLAT KING COUNTY FILE//S90P0002 FILE gILA-90-0018-SUB; F~//93-1 PAGE 11 made. Probable impacts due to construction of the project must also be addressed with respect to these same concerns. Where this analysis reveals a more restrictive situation, more stringent drainage controls than would otherwise be necessary for a project of this type may be required. These controls may include additional on-site rate and/or volume controls, off-site improvements, or a combination of both. Any off-site improvements will require the approval of all affected property owners. Current Standard Notes and Erosion Sedimentation Control (F_SC) notes, as established by the City of Federal Way Public Works Department, shall be placed on the engineered plans. jo The following note shall be placed on the face of the final plat map: "All building downspouts, footing drains, and drains from all impervious surfaces, such as patios and driveways, shall be connected to the permanent storm drain outlet as shown on the approved construction drawings on file with the City of Federal Way Public Works Department under Project/t~A-90-0018-SUB; This plan shall be submitted with the application of any building permit.. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed prior to certificate of occupancy and shall comply with plans on file.' 15. Prior to final plat approval, a pro rata share of $5,808 shall be contributed by the developer towards the cost of Project Number 3323, a project to improve the flooding problem at South 272nd Street and South Star Lake Road. 16. All construction and upgrading of public and private roads shall be done in accordance with the King County Road Standards established and adopted by Ordinance No. 8041 (1987 King County Road Standards). 17. 21st Place South shall be designed and constructed to Sub Access Street standards with thirty-six (36) foot sections, in order to match the existing street configuration to the south. This street shall have vertical curb, gutter and sidewalks along both sides. 18. Planter islands (if any) within the cul-de-sacs shall be maintained by the abutting lot owners. This shall be stated on the face of the final pla~t: /,7~..~i~]j[~ ii_ PAGEj OF REDONDO FIRS PRELI~,~'~/ARY PLAT KInG COUNTY FU~E #S90P0002 FILE gI~LA-90-0018-SUB; F3VHE ,4"93-1 PAGE 12 19. Easements shall be provided for all utilities not located within public fight of way. The width of the easements for the individual utilities shall be approved by the respective utility provider. These easements shall be clearly labelled on the face of the final plat. 20. A ten foot utility easement shall be provided along the front ten feet of all lots and tracts adjacent to the proposed streets. The following statement shall be noted on the face of the f'mal plat: "Easement Reservations An easement is hereby reserved for, and granted to, any public utility and their respective successors and assigns, under and upon the front ten feet parallel with and adjoining the street frontage of all lots and tracts, in which to install, lay, construct, renew, operate, and maintain underground pipe, conduit, cables, and wires with necessary facilities and other equipment for the purpose of serving this subdivision and other property with utility service, together with the right to enter' upon the lots at all times for the purposes herein stated. These easements entered upon for these purposes shall be restored as near as possible to their original condition. No utility lines shall be placed or permitted to be placed upon any lot unless the same shall be underground or in conduit attached to a building." 21. Prior to final plat approval, a fee of $8,269 shall be paid to City of Federal Way Parks and Recreation Department to mitigate potential impacts on area parks. 22. All development activities shall be designed and constructed in accordance with recommendations and conclusions contained in the March 1, 1991, Geotechnical Investigation prepared by Dennis Ioule for the proposed development, as required by the Public Works Director and Building Official.. Supplemental geotechnical analysis and recommendations may be required by the Public Works Director or Building Official during development of the site. 23. The applicant shall work with Puget Power to install a street light on-site. 24. Prior to final plat approval, legal access shall be provided to Lot 7, or the lot shall be designated as open space and dedicated to the Redondo Firs Homeowners Association, or the applicant may sell the proposed lot to an abutting property owner. In the event that the applicant decides to sell the proposed lot to an abutting property owner, the applicant would submit a Boundary Line Adjustment application to the City of Federal Way for their review and approval prior to the recording of the final plat. : HIBIT PAGE_J .OF REDONDO YIRS PRELBIINARY PLAT KING COUNTY FILE #S90P0002 YH.E glLA-90-0018-SUB; FWHE g93-1 PAGE 13 V. RECOI~fENDATION It is hereby recommended to the City Council of the City of Federal Way that the proposed preliminary plat of Redondo Firs be approved, subject to the conditions contained in the conclusions above. VI. RIGHTS TO RECONSIDERATION ANq) CHALLENGE Any person who has a right to challenge a recommendation under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her recommendation by delivering a written request for reconsideration to the Planning Department within seven (7) calendar.days after the date of issuance of the Hearing Examiner's recommendation. The person requesting the reconsideration shall specify in the request what aspect of the recommendation he or she wishes to have reconsidered and the reason for the request. The distribution of the request and the response to the request shall be governed pursuant to the provisions of the Federal Way Zoning Code. Within ten (i0) working days after receiving a request for reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under the Federal Way.Zoning Code, whether or not the recommendation will be reconsidered. The Hearing Examiner may reconsider the recommendation only if he or she concludes that there is substantial merit in the request. The process of the reconsideration will be followed in accordance with the Federal Way Zoning Code. The recommendation of the Hearing Examiner may be challenged by any person who is to receive a copy of that recommendation pursuant to FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the Planning Department within fourteen (14) calendar days after the issuance of the Hearing Examiner's recommendation or, if a request for reconsideration is fried, then within fourteen (14) calendar days of either the decision of the Hearing Examiner denying the request for reconsideration or the reconsidered recommendation. The letter of challenge must contain a clear reference to the matter being challenged and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the challenge. The person fding the challenge shall include, with the letter of appeal, the fee established by the City. The challenge will not be accepted unless it is accompanied by the required fee. The recommendation of the Heating Examiner may be challenged whether or not there was a request to reconsider the Hearing t~xaminer's recommendation. h \F I~ C bI~d SG 'dd~X R.E.FIR $ DATED this 5th day of April, 1993. STEPHEN K. CAUSSEA~JX,'J-R~, l~Ie~ng' Ex.? PAe St:lL-I OOHOQ'-JU J~:,~ REDONDO FIRS !..- '" ' ' ~' ' '-'-": "E. , ~ E... - ~ ..o.,,,o. o.. ,.,. ,,, o, ,,, ,,, Fr~.-~..-.~-_~ CITY OF FEDERAL WAY, lONG COUNTY, WASHINGTON 7',-- . ,. · ' '=.~. , ,~ . - . :.~.... · . ;,;--. . . -. .. I~:-~ r~. - "~ ~.-. -- ~ o~,~ .-- u,.. c,~ ., ·" ~":' :.'' ''~ ¢, ~'~'": '.'~':. ~ ;'~;'~' ,. ' "~ ~ ~ ~.- '7. / ..4 !2 11 ,,~ , NOTE: ~ NW 1/4, EEC 33. TWP ~2 N, P/~Q 4 E. WM. ILT. S. Baima .& ~Holmberg PAGE ~.~__OF~ REDONDO FIRS A POIIION OF THE IE I/4 OF THE NW 1/4, OF ~C ~1, ~ ~ 'N, RNG 4 E, WAL ~ OF FEDERAL WAY, .I(3NG COUNTY. WASHINGTON .0 9OPOOO2 F.W. NO. ILA-90--0018--S~8-0001 VICINITY MAP REDO~ FIRS STATI~ PARK si' ST SITE 272 MIRROR Ways 32O RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF REDONDO FIRS, KING COUNTY FILE NO S90P0002, FEDERAL WAY FILE NOS. ILS90PP18-SUB AND SUB98-0001. WHEREAS, the preliminary plat for Redondo Firs, King County File No S90P0002, Federal Way File Nos. ILA90-PP18-SUB & SUB98-0001 was approved on May 4, 1993, by Federal Way Resolution No. 93-140; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution No. 93-140 and in the April 5, 1993, Recommendation of the Federal Way Heating Examiner; and WHEREAS, the applicant has submitted the application for final plat for Redondo Firs within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, City of Federal Way Department of Community Development Services staff have reviewed the proposed final plat for its conformance to the conditions of the preliminary plat and the Federal Way Hearing Examiner, and their analysis and conclusions are set forth in the January 25, 1999, Staff Report; and WHEREAS, the Land Use/Transportation Council Committee considered the application for final plat of Redondo Firs at its February 1, 1999, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat of Redondo Firs prior to and during the Council's February 16, 1999, meeting; Res. # , Page 1 EXHIBIT PAGE/_L__OF NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings of Fact, Conditions, and Conclusions. 1. The final plat for Redondo Firs, King County File No S90P0002, Federal Way File Nos. ILA90-PP 18-SUB and SUB98-0001 is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time of the substantially complete application. 2. Based on, inter alia, the analysis and conclusions in the Staff.Report, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, play grounds, and schools and schoolgrounds as are required by City Code or are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who only walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions as listed in the Federal Way Resolution No. 93-140 and the conditions in the April 5, 1993, Recommendation of the City of Federal Way Hearing Examiner, have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 22-133. Res. it , Page 2 PAGE OF ,7' 5. All required improvements have been made and sufficient bond, cash deposit, or assignment of funds have been accepted, or will be accepted, prior to recording by the City of Federal Way as financial guaranty for maintenance of all required plat improvements. 6. All taxes and assessments owing on the property being subdivided have been paid, or will be paid prior to recording the final plat. Section 2. Application Approval. Based upon the Findings of Fact contained in Section 1 above, the final plat of Redondo Firs, King County File No S90P0002,City of Federal Way File Nos. ILA90-PP 18-SUB and SUB98-0001 is approved, subject to satisfaction of the maintenance conditions that are required by the city. Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records. All recording fees shall be paid by the applicant. Section 4. Severabili _ty. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Res. # , Page 3 EXHIBIT., PAGE__OF Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of ., 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RONALD GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO: L ~PRMSYS~)OCUMENT~SUB98_O0 01~R. ESOLUTN DGC Res. # , Page 4 EXHIBI ¢- PAG Commissioners JACK W. HENDRICKSON GEORGE LANDON VINCE H. KOESTER MIDWAY SEWER DISTRICT PO B~x 3487- Kent WA 98032-0209 · 3030 S 240 St Manager KEN J. KASE (206) 824-4960 FAX NO. (206) 878-2692 November 23, 1998 Board of Commissioners Midway Sewer District RE: Developer Extension 98-4 Redondo Firs Gentlemen: ! certify that on this date the sanitary sewer extension for the above referenced project is 100% complete and that all of the requirements of the Contract for this project have been met by Charles D. Holcolm. Very truly yours, Marc Montieth Field Representative LAKEHAVE. N UTILITY DISTRICT 31627- 1st Avenue South EO. Box 4249 Federal Way, Washington 98063 DISIRI Seattle: 253-941-1516 · Tacoma: 253-927-2922 · Fax: 253-839-9310 ITY October 27, 1998 Ch..aries D. Holcom, Jr. 6312 Madrona Drive NE Tacoma, WA 98422 Re.' REDONDO FIRS Agreement # 96-346 Dear Mr. Holcom: The District has received all closing documentation and has completed a satisfactory final inspection of the referenced project for compliance with Lakehaven Utility District standards for constrfiction of water distribution systems. This project is hereby accepted for opexation and maintenance by the District. Maintenance Bond No. 5927265 shall be maintained in force for a period of one year bom this date of acceptance and until the District gives written notice of release, pending satisfactory results of the one-year maintenance inspection. Said bond has been previously submitted for the project the amount of $5,000.00. If the actual costs incurred by the District within the one-year maintenance period exceed the amount held on deposit following reconciliation of the project account and/or completion of the one-year maintenance inspection, you will be invoiced accordingly. Such invoice shall be paid prior to release of the Maintenance Bond. Any funds remaining in the account will be refunded following said maintenance inspection. Please call Brian Asbury, at (253) 946-5407, if you have any questions or need additional information. Sincerely, Bertram L. Ross, P.E. Water Operations and Engineering Manager BLR/BIA/bia c: Tom Jovanovich Commissioner ~OMMU~IFrv D~V~LOP,~,ENT O_p,,'~ ~'~3Et4"~ Tom Redding - Baima & Holmberg, Inc., 100 Front Street South, Issaquah, WA 98027 Lt. Brozek - King Co. FD #39 OCT 2, 9 ]998 ~King County - DDES Deb Barker - City of FW Inspection - LLID Finance - LUD Field Operations - LUD Donald L.R Miller Commissioner Dick Mayer Commissioner EXHIBIT & Beverly ,. Tweddle 1:5°Ar E/._L_OF r eWlea ~ o~,,~J~..L ,/ EXHIBIT PAGE_J__OF 11:~/ -., ,,,,. % l!i~ '""~i~''~ '~"~ ~'"'~'" '" ~' ~ """ (A~~~ " liv , ,, , ' ~j~ ,,ljlil,,~ ' ~:: ,~ ,~ ~,:.~i~ Iiiili !i,,.,. ,, '"'" '~'ii!*" '" '"'-" !''''~ '"'~'~" ~ ~ '"'"' ""'"' "'I Il · . . . iil t. J Ii ? EXHIBIT // DAGE ~ ,OF '- II I i ii J 21st PL S. CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI X RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum w/attachments to the January 26, 1999 meeting of the Finance/Economic Development/Regional Affairs Committee ..................................................... Er~..~.s...°.!..u..t.!..°,,.n,..t..°.....A..s~.e.e..t.,...q..~.~.t..s. .......................................................................... ......................................... SUMMARY/BACKGROUND: Several grants are available in 1999 to support waste reduction and recycling programs for residents and businesses. Public Works Department staff' filed applications and work plans to reserve the available grant funds. The grants are consistent with those awarded in prior years. Attachment I to the memorandum contains brief descriptions of each grant and its associated projects~ Attachment 2 provides a summary of grant-funded programs which served the Federal Way community in 1998. Attached is a draft Resolution to accept the 1999 grant funds and authorize entering into agreements with the ...m.n..t~.n..~....a.~.e...n.~.!.e..s.... ............................................................................................................................................................. ............................................ CITY COUNCIL COMMITTEE RECOMMENDATION: At its January 26, 1999 meeting, the Finance/Economic Development/Regional Affairs Committee approved forwarding the following recommendations to the February 16, 1999 City Council meeting: 1. Approve the grant applications for 1999; ....2..: ...... ..A...u..t...h..o..r.i. ,z.,.e...e..~.t..e..r.!,.n. ~..!.n..t, ..o....a.~.~ ,e..e..,m...e...n.t.L.w..!.t..h...,t' .h...e..~r..a...n.t.! .n..~...a..~.,e...n. £! .e...~...,v.! .a....a..~..o.p..t.i..o..~...o,. (.t..h...e...a..t..t..a...c..h..,e. ~..~.e..s...o. !..u..t.!.,o..,.,: ..... CITY MANAGER RECOMMENDATION: ~'~.~.~.2!~:., .......................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCILLa~GDBILLS\ 1999\GRANTS99.SWR COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ]tel~t CITY OF FEDERAL WAY -- CITY COUNCIL FINANCE/ECONOMIC DEVELOPMENT/REGIONAL AFFAIRS COMMITTEE Date: From: Subject: January 19, 1999 Cary M. Roe, Public Works Director Rob Van Orsow, Solid Waste & Recycling Coordinator~-t. Solid Waste and Recycling Division 1999 Grant Approvals Executive Summary_: Several grants are available in 1999 to support waste reduction and recycling programs for area residents and businesses. Public Works Department stafffiled applications and work plans to reserve the available grant funds. This memorandum and its attachments summarize these grant projects. The Committee is requested to review these grants and forward this item for adoption by the City Council. Discussion: The 1999 grants are consistent with grants received in prior years. Attachment 1 contains brief descriptions of each grant, its associated project source and amount. As in prior years, the City Council is asked to adopt a reso-iution to accept the grant funds and authorize entering into agreements with grant agencies. Attachment 2 provides a summary of grant-funded programs which served the Federal Way community in 1998. Recommendation for Committee: 1. Approve the 1999 Solid Waste and Recycling Division grant applications and programs; Direct staff to prepare the appropriate resolution for acceptance of these grants from agencies; Forward this item to the February 16, 1999 City Council meeting consent agenda with a recommendation for adoption of the appropriate Resolution. APPROVAL OF COMMITTEE REPORT: Committee Chair: Mat3' Gates Committee Member: Jeanne BurbMge Committee Member: Lit~da Kochmar Lt Allachmenl 1 1999 SOLID WASTE & RECYCLING GRANT APPLICATIONS AND PROGRAMS 1999 KING COUNTY "CITY OPTIONAL PROGRAM" (BUSINESS RECYCLING PROGRAM) The 1999 King County "City Optional Program" Business Recycling Program Grant allocates $11,310.00 with no match requirement. This grant will focus on waste reduction and recycling outreach to businesses through "on-request" outreach and promotion of model- business recycling practices. 1999 KING COUNTY "CITY OPTIONAL PROGRAM" (RECYCLING EVENT) The 1999 King County "City Optional Program" Special Recycling Collection Event Grant allocates $14,312.00 with no match requirement. This funding will cover costs for operating two special recycling collection events in Federal Way during 1999 (scheduled for spring and fall). These events will provide residents with a convenient method to recycle a wide variety of recyclable materials that are not normally collected at curbside. 1999 LOCAL HAZARDOUS WASTE MANAGEMENT PROGRAM GRANT The Seattle-King County Department of Public Health 1999 Local Hazardous Waste Management Program Grant allocates $22,943.00 with no match requirement. This grant will supplement funding for the Spedal Recycling Events and the Regional Yard Waste Reduction Promotion Project. : 1997-1999 KING COUNTY "WASTE REDUCTION AND RECYCLING" PROGRAM GRANT -- PHASE II (Continuation) The City Council approved this grant in 1998. The 1999 phase of the King '{2ounty Waste Reduction and Recycling C'vVR/R) Grant focuses on the continuation of multi-family recycling program expansion funded under the initial WRJR grant, and 1999 Regional Yard Waste Reduction Promotion Project. The City Council previously approved this grant program to provide matching expenditures for the Department of Ecology 1998 - 1999 CPG grant. The term of this grant program has been extended through September 1999. 5. 1998-1999 DEPARTMENT OF ECOLOGY COORDINATED PREVENTION (CPG) GRANT AND REFERENDA 26/39 GRANT (Continuation) The City Council approved this grant in 1998. The grant focuses on five projects: Multi- family Recycling Program Implementation (continuation), a Compost Bin Distribution Event (held in 1998), the Regional Yard Waste Reduction Promotion Project (continuation), Waste Reduction and Recycling Options Promotion (which includes production of the annual "Fall Flyer"), and Grant Program Administration (continuation). The match for the CPG projects is provided by the WR/R Grant, ~vith the balance allocated from the Solid Waste Fund. The Referenda 26/39 Grant offset equipment purchases for the multi-family recycling program expansion, and the balance of this grant (approximately $32,000.00) is set aside for acquisition of parks facility equipment made with recycled-content materials. These grants both expire at the end of 1999. Attachment 2 CITY OF FEDERAL WAY - PUBLIC WORKS DEPARTMENT Solid Waste & Recycling Division 1998 Grant Progress Report I. Special Recycling Events Funded by: King County Sofid Waste Division "City Optional Program -- Recycling Evenls" Grant, and King County "Local Hazardous Waste Management Program" Grant. Two Special Recycling Collection Events were held: Spring (May 9) which attracted 477 participants, and Fall (September 26) which attracted 409 participants. Both events were held at the South Federal Way Park and Ride. The type and tonnage of materials collected and recycled is shown in the following table. SPRING 98 FALL 98 TYPE OF MA TERIALS TONS TONS Appliances 11.7 8.21 Automobile/Marine Batteries 1.69 1.62 Used Motor Oil/Mixed Petroleum Producta 5.22 2.84 Antifreeze .78 1.07 Tires 3.99 2.26 Used Oil Filte. rs .22 .22 Textiles and Reusable Household Goods 5.50 5.50 Scrap Wood/ 49.48 18.89 Yard Debris TOTAL TONS 78.6 40.6 NUMBER OF PARTICIPANTS 597 409 H. Business Recycling Program Funded by: King County Solid Waste Division "City Optional Program - Bus~r~ess Recycling Program" Grant. Project Activities for the 1998 City of Federal Way Business Recycling Program are summarized below. Cascadia Consulting was retained to complete several of these activities, in conjunction with City staff. Estimate Commercial Recycling Rate Cascadia Consulting Group conducted a survey of haulers and recyclers serving Federal Way businesses to monitor the City's commercial recycling rate. The survey presents a commercial recycling collection rate for 1997 and for the first three quarters of 1998. The commercial recycling rate was calculated at 22 %, excluding construction and demolition debris. Bo Phone Book Advertisements City staff coordinated with King County on the development of a Yellow Pages advertisement in the U.S. West Directory. As a result of this advertisement, twenty-nine businesses contacted the City requested assistance with recycling issues. On-Call Outreach A total of 100 businesses received on-call outreach. These businesses were provided with information, recycling containers, and guidance on how to start or maintain recycling programs, as appropriate. Federal Way Chamber of Commerce Business Recycling Promotion Two Recycling promotional pieces ran The Chamber of Commerce newsletter, and 388 Chamber members received information about business recycling options. Seven businesses requested recycling assistance as a result of these promotion efforts. Database Support, Reporting and Tracking System All assistance/' outreach and follow-up activities were recorded into the Grantor Agency's County-wide tracking system. llI. 1998 Multi-Family Recycling Program Funded by: The King County Solid Waste Division Waste Reduction and Recycling Grant and the Department. of Ecology Coordinated Prevention Grant and Referenda 26/39 Grant. This project focuses on boosting recycling rates for the multi-family residential sector. Program Implementation Prior to the end of 1998, proposals which add or expand the level of recycling service were prepared and reviewed with all Multi-family property managers in Federal Way. Promotional Materials Development In addition to the wide array of promotional materials that were reported on in 1997, specific materials were developed to assist each complex in overcoming the specific challenges with implementing programs in each complex. Recycling Containers (Bags) The durable, washable, woven plastic recycling bags continue to be distributed to complexes. Each is printed with instructions, as well as a list of what to recycle and discard. These bags require very little space and are considerably less expensive than the three-bin system used in single-family dwellings. Staff worked with the franchised hauler to modify recycling dumpsters to make them more "recycling friendly" by installing locking lids with specialized chutes and slots for recycling cardboard. These modifications are designed to reduce contamination and deter illegal dumpers. Outreach Program City staff continued implementation of the comprehensive outreach program, including: mo · Developing a customized "Recycling Kick-Off Announcement" letter printed on bright paper and distributed to each resident a few days prior to program implementation, along with a refrigerator magnet printed with recycling basics. This letter serves as an exhortation to recycle coming directly from the complex managers (as opposed to relying only on the City's brochure) and helps to announce the program kick-off date and recruit volunteers. · Distribution of the recycling bags, educational brochures, and translations of the brochure into eight languages to specified residents, as appropriate. * Provision of durable signs posted near recycling dumpsters instructing residents how to recycle; stickers with similar information were affixed to recycling containers prior to delivery. City staff continues to regularly follow-up with managers following program implementation in order to prompt the highest diversion levels possible. Expected Diversion of Recyclables From Multi-Family Complexes The implementation/expansion of recycling services at 45 complexes in 1998 will result in the diversion of an additional 4,165 cubic yards of recyclable material each year. IV. Housel~old Hazardous Waste Education King County "Local Hazardous Waste Management Program" (LHWMP) Grant. Staffworked with LHWMP to update the text and layout of two existing outdated brochures which promote "off-season" fuel preservation in lawnmowers, recreation vehicles, and boat fuel tanks. A graphics designer revised the layout, and a printer produced 4,000 copies each of the updated versions. These brochures will be distributed by the regional LHWMP at targeted marinas and lawn & garden shops in the coming months. The anticipated outcome is a reduction in the generation of waste fuel which then requires disposal as hazardous waste. V. Backyard Compost Bin Distribution to Federal Way Residents FwTded by: The King County Solid Waste Division Waste Reduction and Recycling Grant and the Department of Ecology Coordinated Prevention Grant An RFP process resulted in retaining RPM, Inc. of Redmond, WA to provide a compost bin "truckload sale" for Federal Way residents. A direct-mail piece was developed and sent to all single-family residents to promote the event. 840 bins were distributed during the six-hour event held June l 3, 1998, with a remaining 103 bins reserved for distribution on an as-requested basis. 'This was the fourth disthbution event in as many years. The availability of the reserved bins is promoted via the "options" brochure, thc City's e-mail address, the City's new public access channel bulletin board, and during community cveats. By year's end, 22 of the remaining bins were 'distributed for a total of 862 bins distributed in 1998. VI. Waste Reduction & Recycling Options Brochure Funded by: Department of Ecology Coordinated Prevention Grant This brochure informs Federal Way residents of the 1998-1999 winter yard waste service schedule, while increasing awareness of other available waste reduction, recycling, disposal and household hazardous waste options. Staff completed revisions of the Options for Recycling and Disposal brochure for the latest version, and a graphic artist completed the layout More than 17,000 brochures were distributed. VII. Recycling Program Community Outreach and Grant Reporting Administration Funded by: Department of Ecology Coordinated Prevention Grant City staff provided information to residents interested in recycling and hazardous materials disposal options on an ongoing basis. A display featuring information on waste reduction and recycling and hazardous waste prevention was set up and staffed at the community events listed below. The display was updated regularly and promotional items such as refillable mugs, automobile litter bags made in part with recycled plastic, and recycled-content writing pens were distributed. These grant- funded item serve to create interest in the information available at the display booth. · Federal Way Chamber of Commerce-Business Trade Show at the SeaTac Mall. · Federal Way Family Fest Steel Lake Park at Steel Lake Park. · Federal Way Community Safety Fair at the SeaTac Mall. K:~FEDC~ 1999\GRANTS99.SWR RESOLUTION NO. DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING ACCEPTANCE OF MONIES AND DIRECTING EXECUTION OF AGREEMENTS TO ACCEPT FUNDS FROM VARIOUS STATE AND COUNTY SOURCES FOR ESTABLISHING PROJECTS WITHIN THE SOLID WASTE AND RECYCLING FUND. WHEREAS, cities are charged with providing and maintaining public projects necessary to maintain and improve the public health, safety and welfare; and WHEREAS, the financial resources of cities to provide these necessary service and improvements are limited; and WHEREAS, various state and county sources have special funds available to supplement city projects, which are awarded on a population allocation and project specific basis; and WHEREAS, the obtaining these funds benefits of these funds; and City staff has aggressively pursued in order to maximize the local public WHEREAS, the grants identified herein will net the City of Federal Way a total of Forty Eight Thousand Five Hundred Sixty Five Dollars and No/100 ($48,565.00); and WHEREAS, the City commits to accountability by measuring and quantifying the results of the funded programs; Res. #__, Page 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Agreements Authorized. For all projects identified in Column 1 of Exhibit A, attached hereto and incorporated herein by this reference, the City Manager or his or designated representative is authorized and directed to execute such agreements with the agencies identified in Column 2 of Exhibit A as are necessary to accept the grant monies identified in Column 3 of Exhibit A. Section 2. Receipt of Funds Authorized. The City Manager or his or her designee is hereby authorized to receive the grant monies identified in Column 3 of Exhibit A attached hereto. Section 3. A~o At the Creation of Solid Waste Project Grant Funds time of execution of each agreement and acceptance of the grant funds specific to that agreement, separate projects shall be established within the Solid Waste and Recycling Fund, into which monies specific to that grant project shall be deposited. Section 4. Manager or his or Manager Shall Administer Funds. The City her designated representative shall have responsibility for the administration of the grant monies received. Res. ~ , Page 2 Section 5. Identification of Source Funds. The approximate amounts and anticipated sources of revenue for the grant fund projects are identified in Exhibit A attached hereto. Section 6. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. ~ction 7. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 8. Effective Date. effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 1998. This resolution shall be CITY OF FEDERAL WAY MAYOR, RONALD L. GINTZ Res. #__, Page 3 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: LONDI K. LINDELL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE ~iTY COUNCIL: RESOLUTION NO. K:\RESO~PWGRANT.99 Res. # , Page 4 MEETING DATE: February/Zi 1999 CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ none Expenditure Amt: $ none Contingency Reqd: $ none ATTACHMENTS: Draft Rezone Ordinance for Heritage Woods Division 2. Staff report is attached to .......................................................................................................................................... SUMMARY/BACKGROUND: The applicant has submitted a request for a final plat approval for Heritage Woods Division 2, a 66 lot Division of Heritage Woods. The preliminary plat was originally approved by the Federal Way City Council on October 20, 1992. In conjunction with the preliminary plat application, the City Council passed Resolution 92-122, a Resolution of Intent to Rezone a portion o£the site from RS 9.6 to RS 7.2. Heritage Woods Division 2 has been developed in conformance with the Resolution of Intent to Rezone. The City Council Land Use/Transportation Committee (LUTC) reviewed the final plat request at their ....................................................................................................................................................................................... CITY COUNCIL COMMITTEE RECOMMENDATION: LUTC review of the project is scheduled for February l, 1999, and LUTC recommendation was not available at publication of this agenda bill. LUTC CITY MANAGER RECOMMENDATION: ........................ .4, ........ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # L LnRMSYS~DOCUMENT~SUB98 O0 03xCCAGNDOR DOC ORDINANCE NO. DRAFT AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, REZONING A PORTION OF AN APPROXIMATELY 15 ACRE SITE GENERALLY LOCATED BETWEEN SOUTH 282ND AND SOUTH 284TH STREETS, WEST OF MILITARY ROAD, WITHIN THE CITY OF FEDERAL WAY, FROM SINGLE FAMII,Y RESIDENTIAL (RS 9.6) TO SINGLE-FAMILY RESIDENTIAL (RS 7.2), (REZ92-0003). WHEREAS, the applicant, Schneider Homes, Inc. has a possessory ownership interest in three parcels of property comprising approximately 15 acres, located on the west side of Military Road immediately south of its intersection with Star Lake Road and Interstate 5 overpass; and WHEREAS, the northern approximately 26.5 acres of the property is known as Heritage Woods Division 1, recorded in the records of King County in Volume 179, Pages 76-83, is presently zoned RS 7.2; and WHEREAS, approximately seven acres of the total 15 acres of Heritage Woods Division 2, City of Federal Way File No. SUB98-0003 is presently zoned RS 7.2, while the eastern approximately eight acres are presently zoned RS 9.6; and WHEREAS, the applicant is requesting a zoning change (application No. REZ92-0003) for the eastern eight acres, and is additionally requesting to subdivide Heritage Woods Division 2 into 66 single-family residential lots (a portion of the subdivision commonly known as Heritage Woods), pursuant to Federal Way Application Nos. SUB91-0001, SUB92-0005 and SUB98-0003; and WHEREAS, the property to be rezoned in Heritage Woods Division 2 (Division 2 Property) is legally described as: That portion of Tracts G, H, & J, Heritage Woods Division 1, according to the Plat thereof recorded in Volume 179 of Plats, Pages 76 through 83, inclusive, and located in the NE, SE, and SW 1/4's of Section 33, Township 22N, Range 4E, W.M. in King County, Washington. WHEREAS, the applicant in 1992 applied for a project rezone, wherein the City evaluated the applicant's specific development proposal for the subject property as part of the decision on the Ordinance No. , Page l rezone; and WHEREAS, pursuant to Federal Way City Code Section 22-296, a project related rezone is processed according to Process V described in Section 22476 of the Code; and WHEREAS, after all proper notice requirements, a public heating was held on the specific rezone and Preliminary Plat Application on June 1, 1992; and WHEREAS, the City of Federal Way Heating Examiner, having heard public testimony and reviewed all written comments and evidence presented, issued a recommendation on Rezone and Preliminary Plat Application on June 16, 1992; and WHEREAS, the Heating Examiner recommended that the request for rezone classification from RS 9.6 to RS 7.2 (application No. REZ92-0003) and the preliminary plat approval for Heritage Woods, Federal Way Preliminary Plat Application Nos. SUB91-0001 and SUB92-0005 be approved subject to the conditions contained in the Recommendation on Rezone and Preliminary Plat Application; and WHEREAS, Heritage Woods Division 2 has been constructed and financially guaranteed in compliance with the preliminary plat approval, and Chapter 20 of the Federal Way City Code; and WHEREAS, the City Council, on October 20, 1992, preliminarily approved the project related rezone pursuant to the Intent to Rezone in Federal Way City Council Resolution 92-122; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Se~3tion 1. Criteria to Rezone. The City council makes the following Findings of Fact pursuant to Federal Way City Code Section 22-489(e): 1. The projecl; related rezone is in the'best interests of the residents of the City. The applicant is developing the site in accordance with all City codes and regulations. Also, the applicant is buffering existing adjoining developments, protecting and restoring sensitive areas, and providing walkways to ensure safe access to schools. 2. The proposed rezone is appropriate because the rezone will correct a classification or zone bounda~, that was inappropriate when established, The site is located within the suburban residential land use classification of the applicable comprehensive plan. Both RS 7.2 and RS 9.6 Ordinance No. , Page 2 single family zones are allowable within this classification. The properties adjoining the_-x_~zx-'z~_q west, and Division 1 to the north are currently zoned RS 7.2. Division 2 is split zoned, approximately 45 percent being zoned RS 7.2. The RS 9.6 properties are generally loc~5 the eastern portion of the site. The requested zone classification would allow comparab;_e and development standards throughout the entire site. 3. The project related rezone is consistent with the Federal Way_ Ci~_ Code in ~ respects. The City's Community Development Review Committee has reviewed the relation to all zoning code requirements and regulations. As proposed and recommende2 staff, the Heritage Woods Division 2 final plat and rezone complies with all applicable regulations. 4. The site plan of the proposed project is designed to minimize all it(lver$e im_v~-~'~-~ developed properties in the immediate vicinity of the subject properly_. The potential for- impacts resulting from the proposed development was considered through the environm~-~ review process. Measures to minimize or eliminate identified adverse impacts were through that process. 5. The site is designed to minimize impacts upon public services and utilities. I- conjunction with required off'site improvements, streets and utilities within this area are to serve the development. No impacts to public services have been identified. Section 2. Findings_ of Fact. The City Council of the City of Federal Way adopts the of Fact contained in the Hearing Examiner's June 16, 1992, Recommendation on Rezoce Preliminary Plat Application, attached hereto as Exhibit A and incorporated herein by t~ reference. The applicant has constructed and financially guaranteed Heritage Woods Division conformance with the Intent to Rezone in Resolution 92-122, and the preliminary plat Section 3. Rezone. The Heritage Woods Division 2 (Division 2 Property) is locatec5 between South 282nd and 284th Streets, west of Military Road, and within the City of Way is hereby rezoned from Single-Family Residential (RS 9.6) to Single-Family Resid~ 7.2), and subject to those conditions contained in the October 2, 1992, Decision of the Examiner on Reconsideration attached hereto as Exhibit B and incorporated herein by reference. Ordinance No. , Page 3 Section 4. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any section, sentence, clause, or phrase of this ordinance. Section 5. Effective Date. This ordinance shall be effective five days at, er passage and publication of aa approved summary consisting of the title hereto. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY this , 1999. CITY OF FEDERAL WAY day of ATTEST: MAYOR, RONALD GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED'. EFFECTIVE DATE: 0RDtNANCE NO.: LAPRMSYSkDOCUM ENq~qUB98 _00 03\ORDINANC DOC Ordinance No. , Page 4 MEETING DATE: February 16, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Ordinance Authorizing Lodging Tax CATEGORY: BUDGET IMPACT: CONSENT XXORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) A draft ordinance authorizing the levy of a special lodging tax; 2) February 8, 1999 Memo from Councilmember Mary. Gates attaching proposed amendment language (see new Section 5); and 3) February 10, 1999 Memo from City Attorney regarding appropriate uses of Hotel/Motel Tax revenues; SUMMARY/BACKGROUND: Staff recommends combining portions of both the majority and minority recommendations of the Lodging Tax Advisory Committee to: 1) enact the tax immediately for collection effective March 1, 1999; 2) allow the use for arts, marketing material, and economic development activities in 1999/2000 to promote tourism generally, to cultivate a strong client base for the expanding lodging capacity locally and to attract business and leisure travelers/visitors to the community; 3) to provide funding for a market/feasibility study of a convention/performing arts center in the downtown area which will be repaid from the lodging tax should the actual tax collection exceed the current projection; and 4) to include the proposed convention/performing arts center in the capital facility strategic planning process, and pending the positive result of the market/feasibility study, to dedicate future lodging tax revenues for such capital purposes. At first reading, Councilmember Mary Gates indicated that she would be presenting a proposed amendment regarding the allocation of tax revenue collected during the 1999-2000 biennium. Councilmember Gate's proposed amendment is contained in a new Section 5. CITY COUNCIL COMMITTEE RECOMMENDATION: The attached Ordinance came to FEDRAC on January. 26, 1999. By a 2 o I vote, FEDRAC recommended approval of the attached ordinance. CITY MANAGER RECOMMENDATION: Approve attached ordinances, .................................................................................................................................................................................... .................. ....... APPROVED FOR INCLUSION IN COUNCIL PACKET: q __{I}[2 (BELOW TO BE COMPLETED BY CITY CLERK'S' OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # I st Reading Enactment Reading ORDINANCE # RESOLUTION # K:\agnditem\lodging.tax THE ATTACHED ORDINANCE IS THE SAME ORDINANCE PRESENTED TO YOU AT FIRST READING ON 2/2/99, EXCEPT FOR CORRECTION OF THE EFFECTIVE DATE IN SECTION 8. ORDINANCE NO. 99- A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, LEVYING A SPECIAL EXCISE TAX OF ONE PERCENT ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING BY ANY HOTEL, MOTEL, ROOMING HOUSE, TOURIST COURT, OR TRAILER CAMP, AND THE GRANTING OF ANY SIMILAR LICENSE TO USE REAL PROPERTY; ESTABLISHING A SPECIAL REVENUE FUND (HOTEL/MOTEL TAX NO. 109) FOR THE TAX; BIENNIUM; PROVIDING PENALTIES FOR NONPAYMENT OF THE TAX OR VIOLATION OF THE REQUIREMENTS OF THE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, SSB 5867, enacted as Chapter 452, Laws of 1997, provides that cities are authorized to levy and collect a special excise tax not to exceed four percent on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW; and WHEREAS, SSB 5867, enacted as Chapter 452, Laws of 1997, provides that such tax shall be levied only to pay all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of a tourism-related facility; and WHEREAS, Ordinance No. 98-322 establishing the City of Federal Way Lodging Tax Advisory Committee was passed by the Federal Way City Council on November 17, 1998; and WHEREAS, Lodging Tax Advisory Committee, after a 45-day review period, provided a report to the City for implementation of an additional one percent lodging tax; and WHEREAS, the City Council desires to establish and levy such tax for the purposes provided by statute; ORD. NO. 99- , Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section 1. There is hereby created a special excise tax of one percent on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW. The tax imposed under Chapter 82.08 RCW applies to the sale of or charge made for the furnishing of lodging by a hotel, motel, rooming house, tourist court, or trailer camp, and the granting of any similar license to use real property as distinguished from the renting or leasing of real property. It shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. Section 2. The definitions of "selling price," "seller," "buyer," "consumer," and all other definitions as are now contained in RCW 82.08.010, and subsequent amendments thereto, are adopted as the definitions for the tax levied in this chapter. Section 3. There is created a special revenue fund (Hotel/Motel Tax No. 109) in the City and all taxes collected under this chapter shall be placed in this fund to be used solely for the purpose of paying all or any part of the cost of tourist promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities or to pay for any other uses as authorized in Chapter 67.28 RCW, as now or hereafter amended. Section 4. For the purposes of the tax levied in this chapter: A. The Department of Revenue is designated as the agent of the City for the purposes of collection and administration of the tax. ORD. NO. 99- , Page 2 B. The administrative provisions contained in RCW 82.08.050 through 82.08.060 and in Chapter 82.32 RCW shall apply to administration and collection of the tax by the Department of Revenue. C. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are adopted by reference. D. The Department of Revenue is authorized to prescribe and utilize such forms and reporting procedures as the Department may deem necessary and appropriate. Section 5. It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the provisions of this chapter. Every person convicted of a violation of any provision of this chapter shall be punished by a fine in a sum not to exceed $500.00. Each day of violation shall be considered a separate offense. Section 6. $¢v~rability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. Effectiv~ Date. This ordinance shall take effect on February 28, 1999 d'-- :- ~' .... fi ~ '~ .... c ..... .~ ~c.~-: ...........a _..u,:~.: ......... :a_a t..., .... I ~ll~'~ I.~' 111 1~/1~,~ ~"~.~ k...~] I~J. gJ...~t.% 11'*.~111 {;;~11~,~ [J. ll,kl llk~.% l~J. OO~*J~,~ [J, ll'*.J l~l./ll~.~{J, kl~-/ll} D [~I~*,~VI~,~ I.I.y I{J, VY, ORD. NO. 99-__., Page 3 PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, at a Regular Meeting thereof this __ day of February, 1999. CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: LONDI K. LINDELL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 99- K:\ORDIN~IOTELTAX ORD. NO. 9%__, Page 4 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: FROM: SUBJECT: February 8, 1999 Federal Way City Council Mary Gates, Councilmember Lodging Tax Ordinance Please find attached the Lodging Tax ordinance which will be before the City Council for the second reading on February 16, 1999. I am proposing the amended changes included in Section 5. Section 5 spells out the allocations for tax revenues for the 1999-2000 biennium. The City Attorney will include.in your February 16, 1999 Council packet a legal analysis of this proposed allocation and the proposal's consistency with state law authorizing a hotel/motel tax. If you have any questions regarding my purposed changes, please contact me. K:XMemo\gates.tax ORDINANCE NO. 99- A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, LEVYING A SPECIAL EXCISE TAX OF ONE PERCENT ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING BY ANY HOTEL, MOTEL, ROOMING HOUSE, TOURIST COURT, OR TRAILER CAMP, AND THE GRANTING OF ANY SIMILAR LICENSE TO USE REAL PROPERTY; ESTABLISHING A SPECIAL REVENUE FUND (HOTEL/MOTEL TAX NO. 109) FOR THE TAX; PROVIDING FOR THE ALLOCATION OF TAX REVENUES IN THE 1999- 2000 BIENNIUM; PROVIDING PENALTIES FOR NONPAYMENT OF THE TAX OR VIOLATION OF THE REQUIREMENTS OF THE TAX; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. DRAFT WHEREAS, SSB 5867, enacted as Chapter 452, Laws of 1997, provides that cities are authorized to levy and collect a special excise tax not to exceed four percent on the sale of or charge made £or the furnishing of lodging that is subject to tax under Chapter 82.08 RCW; and WHEREAS, SSB 5867, enacted as Chapter 452, Laws of 1997, provides that such tax shall be levied only to pay all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of a tourism-related facility; and WHEREAS, Ordinance No. 98-322 establishing the City of Federal Way Lodging Tax Advisory Committee was passed by the Federal Way City Council on November 17, 1998; and WHE1LEAS, Lodging Tax Advisory Committee, after a 45-day review period, provided a report to the City for implementation of an additional one percent lodging tax; and ORD. NO. 99-__., Page I WHEREAS, the City Council desires to establish and levy such tax for the purposes provided by statute; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO HEREBY RESOLVE AS FOLLOWS: Section I t There is hereby created a special excise tax of one percent on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW. The tax imposed under Chapter 82.08 RCW applies to the sale of or charge made for the furnishing of lodging by a hotel, motel, rooming house, tourist court, or trailer camp, and the granting of any similar license to use real property as distinguished from the renting or leasing of real property. It shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same. Section 2. The definitions of "selling price," "seller," "buyer," "consumer," and all other definitions as are now contained in RCW 82.08.010, and subsequent amendments thereto, are adopted as the definitions for the tax levied in this chapter. Section 3. There is created a special revenue fund (Hotel/Motel Tax No. 109) in the City and all taxes collected under this chapter shall be placed in this fund to be used solely for the purpose of paying all or any part of the cost of tourist promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities or to pay for any other uses as authorized in Chapter 67.28 RCW, as now or hereafter amended. ORD. NO. 99-__, Page 2 Section 4, For the purposes of the tax levied in this chapter: A. The Department of Revenue is designated as the agent of the City for the purposes of collection and administration of the tax. B. The administrative provisions contained in RCW 82.08.050 through 82.08.060 and in Chapter 82.32 RCW shall apply to administration and collection of the tax by the Department of Revenue. C. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are adopted by reference. D. The Department of Revenue is authorized to prescribe and utilize such forms and reporting procedures as the Department may deem necessary and appropriate. Section 5, 1999-2000 Hotel/Motel Tax Revenue Allocation. The anticipated total hotel/motel tax revenues during the 1999-2000 biennium are $140,000, The allocation for the tax revenues for 1999-2000 biennium shall be proportioned as follows: 17,86%, up to a maximum of $25,000, in 1999 to the Federal Way Arts Commission for contracts to performing arts groups: 17.86%, up to a maximum of $25,000, in 2000 tO the Federal Way Arts Commission for contracts to performing arts groups: 10,70%, up to a maximum of $15,000, in 1999 for tourism promotional and/or marketing materials; 26,79%, up to a maximum of $37,500, in 2000 for staff for tourism promotion; and ORD. NO. 99- __, Page 3 26,79%, up to a maximum of $37,500. in 1999-2000 for a ~gnvention/pefforming arts center feasibility study. Any mgnie~ ~llected in excess of the express allocation set forth above and all future annual tax revenue collected after 2000 allocations shall be disbursed upon the City Council's direction. Section 56_. It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the provisions of this chapter. Every person convicted of a violation of any provision of this chapter shall be punished by a fine in a sum not to exceed $500.00. Each day of violation shall be considered a separate offense. Section 67. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section ~t_8. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 89. Effective Date. This ordinance shall take effect on February 28. 1999. ORD. NO. 99- , Page 4 PASSED BY THE CITY COUNCIL WASHINGTON, at a Regular Meeting thereof this __ OF THE CITY OF FEDERAL WAY, day of February, 1999. CITY OF FEDERAL WAY ATTEST: MAYOR, RON GINTZ CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: LONDI K. LINDELL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 99- K:\OKDIN~HOTELTAX.MG ORD. NO. 99- , Page 5 CITY OF FEDERAL WAY CITY ATTORNEY'S OFFICE Memorandum DATE: TO: FROM: SUBJECT: February 10, 1999 City of Federal Way Council Members Londi K. Lindell, City Attorney-~ Uses of Hotel/Motel Tax Revenue I. LEGAL BACKGROUND Before 1997, cities were authorized to impose a special excise tax (hereinafter "Hotel/Motel Tax") on the furnishing of short-term lodging by hotels, motels, rooming houses, private campgrounds and similar facilities. RCW 67.28.180, 67.28.240 and .260, all now repealed. The Hotel/Motel Tax was to be used only for (1) construction and operation of specific types of facilities, such as convention centers, performing arts centers; (2) secure obligation bonds; or (3) to encourage tourism. RCW 67.28.210, now repealed. Municipalities of certain sizes, in certain locations and or with certain geographical characteristics were granted authorization to use the Hotel/Motel Tax revenues for different specific purposes. During the 1997 legislative session, several provisions pertaining to the Hotel/Motel Tax were repealed or amended in an effort to provide uniformity. Currently every city is authorized to impose a Hotel/Motel Tax under one section. RCW 67.28.1815.x Additionally, local advisory committees were established. RCW 67.28.1817. The purpose of the advisory committee is to provide a forum for public comments and to submit a report to the City Council. Id. All revenues collected from the Hotel/Motel Tax are to be · . used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities. RCW 67.28.1815. (Emphasis added). l-The provisions authorizing Hotel/Motel Tax for certain cities were repealed. Memo to Federal Way Council Members Re: Uses of Hotel/Motel Tax Revenue February 10, 1999 Page 2 The Legislature further defined the allowable activities for which the tax revenues may be used. Tourism is defined as "economic activity resulting from tourists, which may include sales of overnight lodging, meals, tours, gifts, or souvenirs." RCW 67.28.080(5). In 1997, the definition of tourism promotion was expanded as follows: "Tourism promotion" means activities and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding marketing of special events and festivals designed to attract tourists. RCW 67.28.080(6). (Italics are the new language). Additionally, tourism events no longer require an overnight lodging. A tourism-related facility "means real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor, and used to support tourism, performing arts, or to accommodate tourist activities." RCW 67.28.080(7). H. ANALYSIS Under the statutory definition, promotion of tourism falls into four broad categories: (1) attracting/welcoming tourists, (2) developing strategies, (3) operating tourism agencies, and (4) marketing special events. RCW 67.28.080(6). In a recent Attomey General Opinion on the appropriate uses of the Hotel/Motel Tax, the Attorney General considered (1) enhancements to a park and interpretation center, which included a walking tour, brochures of park information and other activities in the area; (2) historic lighting; and (3) ambassador program in which individuals would be sent to surrounding communities to distribute tourist information. Attorney General Opinion, January 27, 1998. (A copy is attached for your convenience). The Attorney General opined that the erihancements to the park and the ambassador program could be funded by revenues from the lodging tax. Id. However, the Attorney General concluded that the lighting is traditionally a governmental function, and did not appear to be so unusual as to attract tourists. Id. Therefore, the historic lighting should not be funded by the tax revenues. Id. A response from Municipal Research Services Center ("MRSC") distinguished the Attorney General's Opinion in an inquiry that concerned the payment of street lamps for a broader renovation project designed to attract tourists. (A copy is attached for your convenience). The analysis concluded that if the purpose of the lighting was to create a theme or ambience in a certain portion of the city, it would qualify for reimbursement from lodging tax revenues. Memo to Federal Way Council Members Re: Uses of Hotel/Motel Tax Revenue February 10, 1999 Page 3 MRSC has also responded telephonically to other inquiries and concluded that Hotel/Motel Tax revenues could be expended to: (1) hire a consultant for the purpose of developing a strategy to promote tourism, or used to send staff to a conference on tourism, and (2) maintain public restrooms because previous provisions expressly authorized the use of the funds and because the restrooms would qualify as a tourism-related facility. At the same time, MRSC concluded: (1) that improvements or repairs to the town hall would not qualify even though the hall was frequently rented for tourist events because the main purpose of the hall was not for tourist activities; and (2) that painting "Home of the Huskies" on a water tower would probably not qualify unless it could be shown that the sign attracted tourists. Clearly, it is necessary to look at each expenditure on a case by case basis to determine whether the expenditure is consistent with the statutory purposes. In addition to complying with the statutory intent, Judy Cox from MRSC indicated that she recently attended a meeting concerning the Hotel/Motel Tax. She said that the hospitality industry has become very interested in the tax now that the cities are authorized to add on another 2%. Consequently, there will likely be more pressure on the State Auditor to review allowable expenditures. Ms. Cox advised that Keith Lougheed, from the State Auditor's Office, offered to opine whether a proposed use will be allowable. ~I. PROPOSED USES FOR THE HOTEL/MOTEL TAX Some City Council members have proposed allocating the Hotel/Motel Tax revenues in the 1999/2000 biennium for the following purposes: (1) (2) (3) (4) To the Federal Way Arts Commission for contracts to performing arts group; Tourism promotional and/or marketing materials; Staff for tourism promotion; and Feasibility study for a convention/performing arts center. A. Contracts with Performing Arts Groups. The Federal Way Arts Commission enters into contracts with performing arts to provide special events within the City of Federal Way. As a result of the performances, it is anticipated and intended that tourists will come to the City for the events. Thus, the contracts would qualify under RCW 67.28.080(6)as promoting tourism. This use is consistent with other cities' use of the tax revenues. For instance, the City of Kent has allocated tax revenues for contracts for specific events, which will likely attract tourists. Memo to Federal Way Council Members Re: Uses of Hotel/Motel Tax Revenue February 10, 1999 Page 4 B. Tourism Promotional and/or Marketing Materials. The identified purpose of promoting tourism and marketing materials is expressly allowed in the statutory definition of tourism promotion. As noted in the Attorney General's January, 1998 Opinion, marketing and promotion can include a display booth or brochures. The intended purpose of the use is the key. The intent of tourism promotion and/or marketing materials would qualify. The City of Kent has allocated Hotel/Motel Tax revenues for the same purpose, and the City of Tukwila is considering allocating revenues for this purpose. C. Staff to Promote Tourism. Law Department staff spoke with Keith Lougheed of the State Auditor's office about the appropriateness of using lodging tax revenues to fund an employee or consultant's salary. Mr. Lougheed indicated that as long as the employee's/consultant's job duties could be specifically identified as promoting tourism, this usage would be appropriate. However, if the employee's job description included duties that did not revolve around the promotion of tourism, only those hours spent on duties that could specifically be pinpointed to the promotion of tourism could be paid for with the lodging tax revenues. The Auditor further indicated that the payment of benefits for an employee promoting tourism is an allowable expenditure. As I indicated during the City Council Meeting, I will carefully review any scope of work or job description if the City Council directs the expenditure for such a staff position. D. Feasibility Study for Convention/Performing Arts Center, As noted in RCW 67.28.080(7) a convention/performing arts center would qualify as a tourism- related facility. The feasibility study would be a method for developing strategies for the promotion of tourism, and thus qualify under the statutory definition of tourism promotion, RCW 67.28.080(6). The use of Hotel/Motel Tax revenues for a convention or performing arts center is consistent with other cities uses. For example, the City of Bellevue has used the funds for the Meydenbauer Center, the City of Wenatchee has used the revenues for its Convention Center, and the City of Kent has used the revenues for its performing arts center. IV. CONCLUSION The proposed uses for the Hotel/Motel Tax revenues during the 1999/2000 biennium, as discussed above, are consistent with state law. K:\Counmemo\hoteltx.rev Christin O. G,zesOire'" ATTORNEY GENERAL OF WASHINGTON 1125 Wa~kin~on SIz~et ~E .* PO. Box 40100 * Olympia WA 985.04-0100 January ZT, 19~8 The Honorable Georgia Gardner Washington State Representative." 4znd Legislative District P.O. Box 40600 Olympia, WA 98504-0600 Re: Use' of-Hotel-Hotel Tax Dear Representative Gardner: By %etter previously aoknowle~ed, you rec~ues~e~.~e advioe of this Offxce concerning proposed legislation whi~hwould allow the City of Blaine to us9 hotel-motel ~ax revenues .for certain purposes. Prior to introducing this legis~ation, you have questioned whether current law permits the tax to be u~d for t-he following purpose~: (1) Peace Arch International Park Enhancement and Interpretation (2) ~istoric Lighting (3) Miss Blaine Amba~sadoK ~rogram Based on =he following analysis, I- have concluded that existing law permit~ th~ use of hotel-motel tax for ~he proposed enhancements to =he Peace Aroh and the ~iss Blaine Ambassador Program, but not the ~istoric Lighting. A. FACTUAL BAcgGRO.UND. As I understand .the ~acts in this matter, the proposed enhancements to the Peace Arch Park include directional .signs, a self-guided walking tour and a brochure display station which will feature walking tour. flyers, park information, and information about other activities available in the Blaine area. The Historic Lighting project is designed to enhance the Dlaine Waterfront Development with turn-of-the-century street lights with the intent The Honorable Georgia Gardner January 27, 1998 Page 3 lodging, meal~, gifts, oT souvenirs. promotion" means: acw 67' ~s.016 (s). "Tourism activities and expenditures designed to increase tourism, including but not limited to adver~i~in~, publicizing, or otherwi=e distribu~ing information fur ~he .p~o~e of attracting and welcoming to~rists; develoDing strategies to expand tourism; ?petering t~uri~Dromotion, agencies; and =unding market=hq of special events and festivals designed to attract touristS. RCW 67.2a.010(6). In a~dit~on, a "tourism-related facility" means. "real or tangible personal property with a usable life of three or more years, or constructed with volunteer labor, and used to support tourism, performing art~, or to.'accommodate tourist activities." RCW 67.28.0~0(7). Although the amend~.ents to ~he statutes broaden the purposes for which the hotel-motel taxes may. be used,' there i~ a maxi~ of statutory construction ap~l£ca~le here. The general language of the ~tatute i~ read to encompass only items, of the same kind, class, and nature as those designated by the more specific ~erms, wh'ich are advertising an~ distribution of information to attract tourists, and activities supgorting the dlssemina~ion of eourist information, or.a facility promoting tourism or tourist activities. consequently, any expenditures of the hotel-motel tax revenues ~hould be .used for pLLrpo~es of a similar ~haracter.- gondit ~.. L~Wts R~frig~rati~. Co., 101 Wn.2d 106, 676 P.~ 466 (1984). Given the statutory definitions, I can conclude that two of the proposed activities in your question could clearly be financed by hotel-motel tax revenues, while t_he third Could not, at least as I 'understand it. The Peace Arch .enhancements which will provide direction signs and a self-guided wa~king to~r, in addition to a display booth distributing brochures on the'activities available to visitors in the City, clearly comes within the definition of ". . · tourism p~omotion or . . operation of tourism-related facilities." The Peace Arch ~t~elf is a well-know~ tourist attraction, and the direction signs an~ walking tour w~uld further promote toL~ism at the Arch. The display booth would be used to promote tourism at the Peac~ Arch and elsewhere in the .City. The Miss Slaine Ambassador Program would' send City representatives to other communities to promote Blaine and to encourage tourism. This activity likewise would promote tourism and thus would be a lawful way to spend hotel-motel tax revenues. Ho~eve~, I cannot conclude that the installation of historic s~reet .lamps to enhance the waterfront would be a permitted use. Lighting the streets of a municipality is a traditionally The Honorable Georgia Gardner January 27, 1998 of attracting tourists to the area. Fimally,' th~ ~iss Blaine Ambassador P~ogra~will =end ~veral community'individuals to state and Canadian communities to distribute tourist informat~on to. attra'ct visitors to the Blaine area~ B. LEGA~ ~ORK. Prior to 1997, RCW 67.28.180, ~7.28.240 a~'.260 authorized cities and counties to impose a epectal .excise tax on the furnishing of short-ter~lodgingbyhotels, motels, rooming house~, private campgrounds, an4 similar facilitiee. The tax was to be u~ed only for the construction and operation of certain facilities, such as stadiums, convention centere, and performing arts or visua! arts centers, as well as %ourist promotion, and =er~ain activities supporting a civic festival. ~ RCW 67.2~.210, now repealed. Some municipalities, depending on their size, location, geographical..characteri~tios were granted specific authorizations to use 'the ravenue for particular purposes, s~cl% as tall ship attractions, ocean beaoh boardwalks, and public rest rooms. During'the 1997 legislative session, the legislature amended several . and repealed . . prqvis~ons'p~r~aining tot he ta~ in an e~fort to provide uniformity of application. Every municipality i~ authorized to impose hotel-motel taxes under a stmgle ~ection. Separate hotel-motel ~ax authorizations for particular munici~alitie~ were rspealed. Local a~visory 'committees to recommend activities to be' funded by hotel-motel tax were to be established by municipalities of 5,000 or more. S_ee Final ~egislative Re~ort, 55th Legislature (1997) at 335. (Substitute Senate Bill 5867). RCW' 67.28.181 authbrizes'any municipality to impose an exoise tax on the furnishing of lodging that is s%~bjeot to tax under chapter 82.08 RCW. (retail sales tax). All revenue= from taxe~ imposed by'the c~apter are to be credited to a .special accou/~t in the municipality treasury and to be:' . . used sQ191¥ 'for the purpose of paying all.or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of'.tourism- related facilities. Municipalities may, under chapter 39.34 Rcw, agree to the utilization of revenue from taxes imposed under this chapter for the purposes of funding a multijurisdictional tourism-related facility. RCW 67.28.1815. Fortunately,' the legis!-ature alto defined =he activities' for ~hich the taxes may be used. "Tourism" means economic activity resulting from tourists, which may include sales of overnight The ~onorable Georgia ~ardner January 27, 1998 Pa~e 4 recognized p~blic and governmental 'f~nction. MoQuillinMunc_92~R ~ 53.44 (3rd Ed). Ordinary city tax revenues could be used to pay for street lighting. I__d.,.$ec'. 44.3S. In.this State, a city coul~ al~o levy and collect special assessments on property to be b~nefited by street lighting~ if the public interest or conveniance so requires. RcW 35.43.040(11). From ~he'information given, it may well Be ~hat using hotel-motel tax revenues to purchase "historic" street lighting would simply .relieve the City of the need to us~ o=her tax revenues to light its streets. Meanwhile, "historic" ~treetlights are no~ obviously, in and of themselves, tourist attractions or tourism-related facilities. I~ a city could show that i~$ streetlights were so unusual as =o constitute tourist attractions, or are' one .par~ of a ~nstructlon or renovatio~ project whi=h olearly constitUte~ tourizt promotion, I might b~ willing to reconsider this answer. I trust thi~ information will b~ Of assistance to yo=. Of course, the views expressed are those .of thi~ writer only and should ~ot be considered a formal opinion of the Attorney General. Very truly yo~rs, As,i~tant Attorney General P.o. ~ox 4010o Olympia, WA cc: Jim Pharri~ ~2/84/1999 18:86 20~-~25-C0 PAGE 82 INQ. NO.: DATE: REC/REF: INQUIRER: TITLE: .FC: 98-3587 ?/16/9~ Y BURLINGTON PWM RICHARD PATRICK FINANCE DIRECTOR F 5.1210 May the city utilize lodging tax funds to pay for antique or historic street lamps in the downtown area of the city? July 16, 1998 Mr. Richard Patrick Finance Director of Burlington 900 E Fairhavcn Ave Burlington, WA 98233-1945 Dear Kick: This letter is in response to your inquiry concerning allowable uses of hotel/motel tax funds in view of the ex'panded authorized uses of these funds after the 1997 legislative session. Specifically, your question concerns whether such funds may be utilized by the city to pay for old-fashioned or historic type street-lighting in the downtown area of the city. These street lamps would be part of a broader downtown renovation project which is designed to attract tourists. In my opinion, a strong argument can be made that this type of expenditure of hotel/motel tax funds 02/04/~999 ~0:0G 20G-G2§-~..20 i~I¢IPAL PAGE 83 is now authorized by state law and does qualify as an allowable use of these funds. As you are aware, the state legislation relating to hotel/motel taxes was extensively amended at the 1997 legislative session. This legislation now provides in part in RCW 67.28.1815 that all ia,xes collected under the hotel/motel tax authorization are to be credited to a special account and to be: ...used solely for me purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities. The legislature also provided some definitions in RCW 67.28.080 to help with some guidance concerning use of the tax funds. The most important definition in regard to your question is tourism-related facility which meanS: ...real or tangible personal property with a usable life of three or more years, or constructed with volunteer, labor, and used to support tourism, performing arts, or to accommodate tourist activities. And a tourist is defined as a person.who travels from a place of residence to a different town, city, county, state or country for puxp6ses of business, pleastue, recreation, education, arts, heritage or culture. Note how broad a definition this is arid that it does not require an overnight stay to qualify as a tourist. The specific legal issue is whether hiswric or old-fashioned street lamps would qualify as a toUrism-related facility under the above definition to qualify for use of hotel/motel tax filnds. Clearly street lamps are tangible property with a usable life of three or more years. In my opinion, and particularly when installed in conjunction with other public improvements that are intended to create a theme or ambience in a certain portion of the city that clearly has as its purpose the attraction of toUrists, the installation of old-fashioned street lamps could qualify as an alIowable use of hotel/motel tax rituals. I am aware of an informal or letter opinion to the Honorable Georgia Gardner, Washington State · Representative, from Ms. Mary Jo'Diaz, Assistant Attorney General, dated January 27, 1998, in which this question was considered and an opposite conclusion was reached. (A copy of this letter is enclosed for your information). The pm~dnent langaage from this opinion is as follows: However, I cannot conclude that the installation of historic street lamps too enhance the waterfront would bea permitted use. Lighting the streets of a municipality is a traditionally recognized public and governmental fimction...Ordinacy city revenues could 20B-B25-~, 20 MUNICIPAL RESE.~ PAGE- 84 be used to pay for street lighting..Wrom the information given, it may well be that using hotel-motel tax revenues tO. pureham historic street lighting wold simply relieve the city of the need to use other tax tevenue~ to light its streets. Meanwhile, historic streetlights are not obviously, in-and of themselves, tourist attractions or tourism-related facilities. If a city could show that its stre~ights were so unusual as to cormtimte tourist attractions, or are one part of a constxuction or renovation project which clearly constitutes tourist promotion, I might be willing to reconsider ~ answer. In view of this opinion, my recommendation is that you seek more specific guidance from the Office of the State Auditor and the Office of the Attorney General, as to whether old-fashioned street lights would be considered an allowable use of hotel/motel tax funds. The specific facts in yOUr situation, specifically that the street laraps are part of a larger downtown renovation whose clear purpose is to attract tourists, may well cause the Office of the Attorney General to reach a different conelusion~ and thi~ is even mentioned as a specific possibility in the letter cited above froTM Ms. Mary $o Diaz. I hope thi.~ letter is helpful, if we can provide any additional assistance, please do not hesitate to contact us again. Sincerely, Patrick' W. Mason Legal Consultant MEETING DATE: February 16, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Right Of Entry Agreement with King County for I- Net Services and Letter of Agreement CATEGORY: XXCONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER BUDGET IMPACT: Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: (1) Right of Entry Agrcetnent with King County; (2) Letter of Agreement addressed to King Coun .ty as an addendum. SUMMARY/BACKGROUND: On Janmu-y 26, 1999 the Finance/Economic DevelopmenVT{egional Affairs Conunittee moved to approve entering into the Right of Eutry Agreement wifl~ King Coun .ty for the installation of fiber optic wires and related components at City flail, Steel Lake and Dumas Bay Center provided that a Letter of Agreement, clarifying additional negotiations, was included. The Letter of Agreement cl',u'ities certah~ areas. For example, the installation of the fiber optic cable is provided at no cost to the City, and that the County or its designee xvill obtain and comply with any and all necessary permits, such as permits to work in the right of way. Options 1. Authorize the City Manager to enter into the Right of Entry Agreement to King County for I-Net Services along with the addition of the Letter of Agreement. 2. Do not authorize the City Manager to enter into the Right of Entr3.' Agreement to King County for I-Net Services along with the Letter of Agreement. CITY COUNCIL COMMITTEE RECOMMENDATION: CITY MANAGER RECOMMENDATION: After fully considering the Right of Entry Agreement and the PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL it I st Reading Enactment Reading ORDINANCE # RESOLUTION # k:\agnditem\i-netagr (206) 661-4013 February 9, 1999 Ms. Margaret Coppock Client - Agency Coordinator King County I-Net Project 700 Fifth Avenue, 23rd Floor Seattle, WA 98104 RE: Letter of Agreement RE: 1-Net Right of Entry Agreement Dear Ms. Coppock: This Letter of Agreement will further clarify the City of Federal Way's understanding for the Right of Entry Agreement (hereinafter "Agreement") for the I-Net Project, and will serve as an addendum to the Agreement. It is the City's understanding that the following modifications and/or additions are acceptable: 1. In reference to the last sentence in Section A(1). King County and its designees will notify the City before entering onto the property. 2. In reference to the last sentence in Section A(2). The City, where practicable, agrees to provide the County with written notice at least 10 work days prior to beginning any routine work that could affect the fiber optic lines and/or related components. 3. In reference to the work to be'performed as referenced in Sections A(8) and A(9). All of the installation work, equipment acquisition, and/or relocation of installation will be at no cost to the City. Ms. Margaret Coppock February 9, 1999 Page 2 4. The County or its designee will obtain any and all necessary permits, such a right of way permits, and comply with the conditions of said permits. 5. The County or its designee shall comply with all applicable laws, rules and regulations. Sincerely, Kenneth E. Nyberg City Manager KEN:par cc: Medhi Sadri, Information Systems Manager K:\Letter\i-netag.ken RIGHT OF ENTRY AGREEMENT TO KING COUNTY, WASHINGTON Return Address: King County I-Net Project 700 Fiftth Ave., 23rd FI Seattle, WA 98104 Attn: Client Agency Coordinator THIS RIGHT OF ENTRY AGREEMENT (hereinafter "Agreement") is made and entered into as of the ~ day of ,1998, by and between (hereinafter "Owner"), and KING COUNTY, a charter county organized and existing under the laws of the State of Washington (hereinafter "County"). WHEREAS' L~,'~/~ °rt' t~-~:k:t'~-~ (~),x~, is the owner ofcertain real properties (hereinafter the "Properties"), buildings (hereinafter the "Buildings") and any associated conduit or aerial attachment at the location(S) legally described in Appendix A, which Appendix is attached and incorporated by this reference as if fully stated herein; The common name and address ofeach property and building is listed below: Property name City Hall Building name, if different Street Address 33530 1st City Federal Way Zip code 98003 Way South Property name Steel Lake Building name, if different Street Address 2410 South City Federal W~y Zip code 98003 312th Street Property name Dura'as Bay Center Building name, if different ' Street Address 3200 S.W. Dash Point Road City Federal Way Zip code 98023 [Attach additional sheets as needed and so indicate in the space below] the number of sheets attached to this site list is __ sheets. This list shall constitute the "Buildings" and may also be referred to as Appendix B. This appendix is attached and incorporated by this reference as if fully stated herein; B. WHEREAS, King County, Washington (hereinafter the "County") is currently plfinning to construct an institutional network (hereinafter the "l-Net"); C. WHEREAS, the County would like to make I-Net services available at the Properties; D. [choose D-1 if the I-Net user is NOT the building owner or D-2 if the I-Net user is the building owner. Crossout, initial and date the paragraph that is NOT applicable] D- 1. WHEREAS, (hereinafter "User") is not the o,vner of the Properties but the User wants to have I-Net services available to it, and the Properties' Owner has concurred in writing and such written concurrence is attached and ~ incorporated by this reference as if fully stated herein; [OR] D-2. WHEREAS, the Properties' Owner wants to have I-Net services available to it; E. WHEREAS, making services available will require that County staffor its designees to come on to the Propffrties and into the Buildings to inspect, survey, construct, reconstruct, install, repair, maintain, replace, and remove. I-Net conduit, fibers, equipment, and appurtenances (hereinafter the "I-Net Facilities") in, over, under, across and upon the Properties and Buildings thereon (hereinafter "-Work "). Actions taken under this grant could include, but are not limited · to: running fiber optic lines, either above ground, in conduit, or in some combination thereof through the Properties; installing optical fiber into a building on each of the Properties; running fibers from the point of entry into the'building to the fiber's point of demarcation; installing an equipment rack at the point &termination; and terminating fibers at that rack. The Owner and User also understand that County staffand its designee will need to access the Properties and the Buildings periodically, and agrees to allow the County and its designees to do so in a reasonable manner; and F. WHEREAS, the Owner wants to grant the County a Right of Entry to the Properties and Buildings so that the County can undertake Work on the I-Net Facilities and the Owner and/or User may potentially access the I-Net's services; GRANTS OF RIGHT OF ENTRY, CONDITIONS AND COVENANTS NOW THEREFORE, for good and valuable consideration, the following grants, agreements and covenants are made: A. Right of Entry 1. Subject to the conditions of this Agreement, Owner hereby grants King County, Washington a Right of Entry above, over, across, along, in and under the Properties (hereinafter "Right of Entry"), and the County shall have the nonexclusive right, to perform I-Net Work to provide lawful services, which include, but are not limited to, data, video and audio signals. The County shall do no installation except at locations and using methods approved in writing by the O~vner. The County shall not cause any damage to the Properties in the exercise of such right; and in the case of damage, the County shall restore the Properties to substantially their orig.inal condition as soon as feasible. In addition, the County and its designees will endeavor to rlotify the buiiding's designate, d site contact before entering onto the property. 2. The Owner shall have the right to utilize that portion of the area subject to the Right of Entry granted in this Agreement for any lawful purpose which does not interfere with the County's use of the Right of Entry area for the I-Net Project. If the Owner installs any modifications or improvements above, over, across, along, in or under the area subject to the Agreement, the Owner agrees to preserve the I-Net Facilities already installed and to refrain from taking any action that would prevent, inhibit or increase the cost to the County or its designee of ' doing Work on the subject Right of Entry property. The Owner agrees to provide the County with at least 10 work-days written notice prior to beginning any routine. Work on the Right of Entry property and with as much notice as practicable for emergency Work on that property. 3. The Owner warrants to the County that it has a good and indefeasible fee simple title to the Properties, subject only to taxes not yet due and payable, and covenants, restrictions, and licenses or records which do not interfere with the use contemplated herein. 4. All provisionfi of this Agreement, including the benefits and burdens, are binding'upon the parties' successors, agents and assigns. 5. The Owner may terminate this'Agreement ~'or any reason upon one-hundred and eighty (180) days written notice to the County. 6. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue of any action brought hereunder shall be in King County Superior Court. 7. The County may Work on the Properties, as described in Appendix A, and the Buildings, as specified in Appendix B, provided: (a) the County shall obtain Owner's prior written consent to the locations and methods used for the installation and removal of the I-Net Facilities, (b) the County shall use its st~iffor designees to accomplish the Work, and (c), the person or entity doing the Work shall comply with all of the other provisions of this Agreement and all laws applicable hereto. The County shall obtain this consent in the following or in a similar manner: (a) the Owner shall provide the County with suitable drawings of the Properties and Buildings; (b) the County shall then indicate the proposed locations and methods used for the installation;.(c) if. the Owner agrees, the Owner will initial and date the drawings. 8. The County, or its designee, shall perform and be responsible for the installation, routine maintenance and removal of the fibers and equipment, and the County shall pay all costs in connection therewith. The Owner shall take the steps necessary to secure the I-Net's fibers and equipment. Replacements, repairs and non-routine maintenance arising from the Owner's or User's failure to take the steps necessary to secure the I-Net's fibers and equipment or to deliberately or negligently harm or destroy the fibers, equ'ipment, or any other part of the I-Net, shall be paid for by the O~vner or User respectively, but repairs shall be performed by the County or its designee. 9. Oxvner reserves the right to require the County, within a reasonable period of time, after receiving written notice, to repair any I-Net Facilities on the Properties or in the Buildings if the Facilities were installed in violation of this Right of Entry, or, at any time, violate any laws or represent a dangerous or potentially dangerous condition. If the Owner becomes aware'of the ( condition first, it shall send the County written notice of the problem including the nature'ofthe problem, the location o.f the problem if known, and the time proposed for correcting the problem. If the County becomes aware of the condition first, the County shall send the Owner and User, if different, written notice of the problem including the nature of the problem, the location of the problem if known, and the time proposed for .correcting the problem. Owner also reserves the right to require the Couhty to cut any fiber optic cables or remove equipment located in or serving the Buildings which remain in violation of this Right of Entry, or which continue to violate of any laws or represent a dangerous or potentially dangerous condition after the agreed upon time to correct the condition has passed or if both parties agree will not be met. 10. Owner agrees: (a) to provide, at no co. st to the County, space, HVAC, and power for the I-Net fiber lines and equipment at its Properties, and (b) to work.with County staff to facilitate installation, maintenance, replacement, repair and removal of the I-Net fibers and equipment, subject to the conditions contained in this Agreement. Owner may reasonably monitor the installation, maintenance, replacement, repair and removal of the fiber and equipment. I 1. Notwithstanding anything to the contrary contained in the Agreement, Owner reserves the right to require the County to disconnect any or all fiber optic cables and to remove equipment installed 6n the Properties or in Buildings upon termination of this Agreement, provided Owner notifies the County in writing prior to or within ninety (90) days following the termination of this Agreement. Any I-Net Facilities remaining on the Properties or in Buildings later than one hundred-twenty (120) days after the termination of this Agreement shall become the property of the Owner without payment by Owner. B. NOTICES Notices under the Agreement shall be as follows: 1. TO KING COUNTY: Margaret Coppock Client - Agency Coordinator King County I-Net Project 700 Fifth Avenue, 23~ Floor Seattle, WA 98104 (206) 684-1046 An emergency number will be supplied as the I-Net goes into operation. 2. TO OWNER: 3. CHANGES Either party may change the party to be notified by given written notice of the chfinge, in writing, to the person d.esignated to receive routine notices. IN WITNESS WHEREOF, the parties hereto have executed this Right of Entry Agreement on the date first set forth above. OWNER: By: Please print name BY: Please sign name STATE OF WASHINGTON ) e )SS COUNI~ OF KING' ) On this day personally appeared before me to me known to be the of the that executed the foregoing instrument, and acknowledged the said instrument to be the free and voMntary act and deed of said organization for the uses and purposes therein mentioned and that he was authorized to execute the said instrument. GIVENunder my hand and official seal this~ day of NOTARYPUBL1C in and for the State of Washington residing at My appointment expires CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 1999 Asphalt Overlay Program - Preliminary Project List CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) Memorandum to the February 1, 1999 meeting of the Land Use and Transportation Committee with attachments as follows: project vicinity map; list of streets to be included in project; January 14, 1999 letter from the Weyerhaeuser Corporation; 1999-2004 TIP; December 1, 1998 City Council agenda bill with attachments as follows: memorandum to the November 23, 1998 meeting of the Land Use and Transportation Committee; TIB application SUMMARY/BACKGROUND: Public Works Staff has developed a list of recommended streets for the 1999 Asphalt Overlay Program. The total budget for the program is $1,877,936.00 and is comprised of the following: 1998 Carry forward $ 237,000 1999 Budget $ 573,035 1999 Structures Budget $ 100,000 Street Utility Tax $ 967,901 Total Funding Available $1,877,936 The streets were selected using the City's pavement management system and were verified by field reconnaissance. The following is a preliminary list of projectq to be included in the 1999 Asphalt Overlay Program. The costs shown are estimated, and will be refined once the design of each schedule is completed. A more detailed list of streets and a project vicinity map are attached for your information. Schedule A Ninelake Park $ 210,402 Schedule B Soundcrest $ 478,854 Schedule C South 330t~ Street $ 102,063 Schedule D Mirror Lake $ 23 7,594 Schedule E Twin Lakes $ 287,171 Schedule F Twin Lahes 2 $ 3 71, 709 Schedule G Southwest Campus Drive $ 186,646 Schedule H Highline Savings $ 111,315 Schedule I Lakota Junior High $ $7,656 Schedule J Weyerhaeuser Way $ 222,248 Subtotal Project Costs $1,893,949 Construction Administration and 10% Construction Contingency $ 29O, 000 Total Estimated Program Cost $2,183,949 *Please see attached memorandum for further information. CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 1, 1999 meeting, the Land Use and Transportation Committee approved forwarding the following recommendations to the February 16, 1999 City Council meeting: 1) Approve the list of streets for the 1999 Asphalt Overlay Project; 2) Authorize staff to bid the 1999 Asphalt Overlay Project and return directly to the City Council for award if the bids received are within budget; 3) Authorize staff to utilize a portion of the 1999 Asphalt Overlay Project funding for the Weyerhaeuser Way Schedule as the City's match toward the wye intersection improvements. .............................................................................................................................. ........................................... CITY MANAGER RECOMMENDATION: APPROVED FOR ~'~'~'~'~'~"~'~"~~"~~~': ................. ~'/'J"/'c"~"L'"'~'~' ' ....................................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K: 7OUNCIL\AGDBILLS'q 999x,99OLPLST.CC COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # City of Federal Way Date: January 27, 1999 To: Phil Watkins, Chair Land Use/Transportation Committee From: Ken Miller, Street Systems Manager Pearl Kronstad, Streets Engineer Subject: 1999 Asphalt Overlay Program - Preliminary Project List Background: Public Works Staff has developed a list of recommended streets for the 1999 Asphalt Overlay Program. The total budget for the program is $1,877,936, and is comprised of the following: 1998 Carryforward $ 1999 Budget $ 1999 Structures Budget $ Street Utility Tax $ 237,000 573,035 100,000 967,901 Total Funding Available $1,877,936 The streets were selected using the City's pavement management system and were verified by field reconnaissance. The following is a preliminary list of projects to be included in the 1999 Asphalt Overlay Program. The costs shown are estimated, and will be refined once the design of each schedule is completed. A more detailed list of streets and a project vicinity map are attached for your information. Schedule A Ninelake Park $ 210,402 Schedule B Soundcrest $ 478,854 Schedule C South 330th Street $ 102,063 Schedule D Mirror Lake $ 237,594 Schedule E Twin Lakes $ 287,171 Schedule F Twin Lakes 2 $ 371,709 Schedule G Southwest Campus Drive $ 186,646 Schedule H Highline Savings $ 111,315 Schedule I Lakota Junior High $ 57,656 Schedule J Weyerhaeuser Way $ ...222,248 Subtotal Project Costs Construction Administration and 10% Construction Contingency $1,893,949 $ 290,000 Total Estimated Program Cost $2,183,949 The estimated cost of $2,183,949 is a preliminary figure used for estimating purposes only and includes construction administration, 10% construction contingency, in-house design, inspection, printing and advertising. The project will be awarded within the overlay budget of $1,877,949.00. The $ ! 00,000.00 from the Structures budget is for the City's annual Sidewalk Replacement Program, and will cover the costs associated with the replacement of substandard wheelchair ramps, repairing existing curb, gutter, and sidewalks within the overlay project area. The inclusion of the Weyerhaeuser Way area (Schedule J) as proposed in the Overlay Program will be dependent on the timing of utility infrastructure extensions and road work associated with the Quadrant development projects in Weyerhaeuser's East Campus area. Public Works will continue to coordinate with Quadrant to avoid conflicts of timing and prevent repetitive work within the public right of way. In light of the coordination efforts, Weyerhaeuser requested that the City accelerate the timing of the wye intersection project (So 336th and Weyerhaeuser Way) identified on the City's current TIP (see attached) in order to improve the intersection consistent with the timing of development activity. To that end, and in accordance with LUTC and City Council direction (see attached recommended project/grant submittal list), the Public Works Department and Weyerhaeuser Corp have submitted a joint application for funding to assist with the intersection improvements. Since Quadrant will be required to make improvements to the roadway section as well as the pavement surface for portions of Weyerhaeuser Way, staff is requesting approval to utilize a portion of the Asphalt Overlay Program funding that otherwise would have been spent on overlaying these same portions of Weyerhaeuser Way as the City's match, or contribution, toward the wye intersection improvements. The amount of the City's match will depend on the success of the grant applications, and the mitigation collected from Quadrant projects in East Campus. In any event, the Weyerhaeuser Corp has agreed to match the City, dollar-for-dollar, in contributions towards the wye intersection improvement project (see attached letter from Weyerhaeuser Corp). Once the list of streets for the overlay program is approved by Council, staff will begin final design. The anticipated date for advertising is May, 1999, with construction beginning in June. Recommendation Staff requests that the Committee recommend approval and place the following items on the February 16, 1999 City Council meeting consent agenda: I) 2) 3) Approve the list of streets for the 1999 Asphalt Overlay Project; Authorize staff to bid the 1999 Asphalt Overlay Project and return directly to the City Council for award if the bid s received are within budget; Authorize staff to utilize a portion of the 1999 Asphalt Overlay Project funding for the Weyerhaeuser Way Schedule as the City's match toward the wye intersection improvements. K:~LUTCM 999\99OLPLST.WPD 2-1-99 LUTC MEETING Preliminary List For The 1999 Asphalt Oveday Program Vicinity Map Proposed Projects N ~ Preliminary 1998 Asphalt Overlay Project List Schedule A, Ninelake Park 7 PL S From 8 AVE $ From 8 CT S From 9 AVE S From 9 PL $ From 10 AVE S From 10 AVE S From 10 PL S From S 321 ST From S 322 ST From S 323 ST From S 324 PL From S 325 ST From S 326 ST From S 327 ST From 8 AVE S S 320th ST S 326th ST S 321 st ST CS W S 320th ST S 326th ST S 323rd ST 9th AVE S 10th AVE S 10th AVE S CS W 7th PL S 7th PL S 7th PL S to to to to to to to to to to to to to to to S 327th ST 7PLS CS S 7th PL S S 327th ST S 325th ST S 327th ST S 327th ST 10th AVE S EOR E 10th PL S 10th PL S 10th PL S 10th AVE S 10th PL S Schedule B, Soundcrest 4 AVE S From 5 AVE S From 5 AVE S From 6 AVE S From 6 AVE S From 6 AVE S From 6 AVE S From 7 AVE S From 7 AVE S From 7 PL S From 8 AVE S From 9 AVE S From 9 AVE S From 10 AVE S From 11 PL S From 12 PL S From 13 AVE S From S 313 ST From S 313 ST From 130'N of S 316 PL CS N S 317 ST S 314 ST PAVEMENT BREAK CS N S 318 PL S 312 ST S 316 PL CSN S 312 ST CSN S 316 ST S 312 ST 10 AVE S 13 AVE S S 312 ST 7 AVE S 10 AVE S tO to to to to to to to to to to to tO to to tO to to to EOR S S 317 ST S 318 PL PAVEMENT BR~. AK S 316 PL S 318 PL S 320 ST S 314 ST S 318 ST CS S S 320 ST S 314 ST S 317 ST S 318 TH S 313 ST S 315 ST EOR S CSN 13 AVE S S 314 ST From S 315 ST. From S 315 ST. From S 316 PL From S 316 ST From S 316 ST From S 317 ST From S 317 ST From S 318 PL From S 318 ST From S 319 PL From 6 AVE S EOR E EOR W 4 AVE S 8 AVE S 10 AVE S 5 AVE S 7 AVE S 4 AVE S 8 AVE S S 318 ST to 10 AVE S to EOR W to 13 AVE S to 7 AVE S to 9 AVE S to 13 AVE S to 7 AVE S to EOR E to 7TH AVE S to 10 AVE S to CS Schedule C, South 330th Street 20 AVE S From 20 AVE S From 21 AVE S From S330ST From S331ST From S332ST From S333ST From S333ST From S333ST From S 330 ST PAVEMENT BREAK (WIDTH) S 331 ST PACIFIC HWY S 20 AVE S 20 AVE S PACIFIC HWY S PAVEMENT BREAK (WIDTH) PAVEMENT BREAK (WIDTH) PAVEMENT BREAK to (WIDTH) to S 336 ST to S 332 ST to 20th Avenue South to 21 AVE S to 21 AVE S PAVEMENT BREAK to (WIDTH) PAVEMENT BREAK to (WIDTH) to 24 AVE S Schedule D, Mirror Lake 2 AVE S From 3 .4 VE S From 3 PL SW From 4 .4 VE S From 4 PL SW From 6.4 VE SW From 6.4 VE SW From 7 .4 VE SW From 1 PLS S 297 ST DASH POINT RD S 297 ST CSN DASH PT RD SW SW 3O2 ST SW 304 ST tO to to tO to to to to CS S 301 ST 304 ST SW S DASH PT SW 3O4 ST CS N SW 304'ST SW 302 ST 9 AVE SW From S 297 ST From S 299 ST From S 300 ST From S 301 ST From SW 298 ST From SW 302 ST From SW 303 PL From Schedule E, Twin I,akes SW 298 ST 3 AVE S CS W CS W CS W 8 AVE SW DASH PT RD SW CS E 24 AVE SW From SW 323 ST 28 AVE SW From SW 320 PL 32 AVE SW From 31 AVE SW 32 PI, SW From CS N 33 AVE SW From 32 AVE SW 33 AVE SW From SW 327 ST 34 :t VE SW From SW 333 ST 42 ,,1 VE SW From SW 327 PL 42 PI_. SW From SW 328 PL 43 PL SW From SW 321 ST 44 PL SW From CS S 4.5 PL SW From EOR 46 PL SW From CS N SW 320 PI. From 26 AVE SW SW 320 PI. From 43 PL SW SW 321 PL From 43 PL SW SW 323 ST From CS E SW 327 PI. From 33 AVE SW SW327PL From SW 328 ST SW327ST From 33 AVE SW SW 328 CT From CS W SW 328 PL From 39 AVE SW SW 329 CT From 33 AVE SW SW 329 PL From 42 PL SW SW 329 ST From 33 AVE SW SW 330 ST From 33 AVE SW SW 331 PL From 36 AVE SW SW 331 ST From 33 AVE SW SW 332 ST From 33 AVE SW SW 333 ST From 33 PL SW tO to to to to to to to to to to to to to to tO to to to to to to to to to to to to tO to tO tO to to to to to to SW 300 ST 4 AVE S 3 AVE S 4 AVE S 4 AVE S 10 AVE SW 7 AVE SW 6 AVE SW CS N SW 322 ST 32 AVE SW SW 33 PL SW 323 ST 32 PL SW EOR N SW 328 ST SW 329 PL SW 323 ST CS N SW 323 ST SW 323 ST 28 AVE SW CS W CS W HOYT ROAD SW 35TH AVE SW 42 AVE SW 35 AVE SW SW 328 PL 39 PL SW CS W CS N 35 AVE SW CSW 38 AVE SW CS W CS W 35 AVE SW Schedule F, Southwest Campus Drive 10 AVE SW From 19 AVE SW From SW CAMPUS DR From 270'N SW CAMPUS DR 7TH WAY S to to to SW CAMPUS DR 200'S 21 AVE SW ScheduleG, Highline Savings 22 PL SW From 23 AVE SW From 23 AVE SW From SW 338 ST From SW 341 P£ From SW 342 ST From SW 342 ST From Cul de Sac From Cul de Sac From CS N EOR N SW 342 PL 21 AVE SW SW 342 ST 21 AVE SW SW 342 ST SW 342 ST SW 342 ST to to to to to to to to to Schedule H, Lakota Junior High 12 AVE SW From 12 AVE SW From 13 AVE SW From 14 AVE SW From SW 313 ST From SW 314 ST From SW 316 ST From SW 313 ST to CS E to SW 314 ST to SW 312 ST to 12 AVE SW to 13 AVE SW to 12 AVE SW to Schedule L We~erhaeuser 30 ,,t VE S From 33 P£ S From S 336 ST From S 336 PL From S 33 7 ST From Weyerhaeuser Way S From S 336 PL Weyerhaeuser Way S I-5 Weyerhaeuser Way S EOR City Limi:s/S 320 St SW 342 ST SW 341 PL EOR S 26 AVE SW 26 AVE SW SW 342 ST EOR W CSN CS N SW 316 ST SW313 ST 150'S SW 314 ST 14 AVE SW 14 AVE SW 13 AVE SW to Weyerhaeuser Way S to City Limits to Weyerhaeuser Way S to 30 AVE S 33 PL S to Pavement Break (width) East of 33 PL S K :\STREETS\99OV LY~OVE RLAY.LST Weyerhaeuser Corporate Headquarters Tacoma WA 984774)001 Tel (206) 924 2345 January 14, 1999 Mr. Cary M. Roe, P.E. Public Works Director City of Federal Way 33530 Ia Way South Federal Way, WA 98003-6221 RE: Traffic Safcty Issues Wcycrhacuscr East Campus As we have discn~A for ma~y months, plemm be advised that Weyexhaeuser Company, in accordance with the concomitant pl~m~tion agreement of April 1994, is prepared to share equally, that is dollar for dollar, with the City of Federal Way in the cost of the mitigation of the referenced tra~c safety issues. More specifically, thc design and co~ of a mutually acceptable reconfigumfion and or signalization of the intemection of Weyerhaeuser Way South and SW 336~ StreeL Should you have questions or require additional information, please do not hesitate to call. Ed Reed Region Facilities Manager cc: Judd Haverfield 01/28/99 THU 14:36 [TX/RX NO 8050] 0 0 o~ CITY OF FED L WAY City Council AGENDA ITEM SUBJECT: 1999 Grant Applications for Translmrtation Improvement CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Expenditure Contingency ATTACHMENTS: Memorandum to the Land Use and Committee SUMMARY/BACKGROUND: Grant applications Applications are required by December 15, 1998 for the Hazard 1999 for all other grant programs. Staff has reviewed the grant .~ to the projects on the City's currently adopted reference is the current TIP. for federal (TEA-21) and state (TIB) funding. Program and January 4th and 15th, criteria for each grant program with respect Program (TIP). Attached for your The memorandum attached identifies the proposed City's match are conservative estimates and could Development impact fees collected for these projects CITY COUNCIL COMMITTEE and Transportation Committee added BPA Trail the list on the December 1, 1998 City Council sources for each project. The amounts shown for the based on each project's competitiveness statewide. included in the amounts shown for the City's match. At its November 23, 1998 meeting, the Land Use III to the attached list and recommended approval and placing agenda. CITY MANAGER APPROVED FOR INCLUSION I~COUNCI~ PACKET: (BELOW ~/0 BE COMPLETED BY CITY CLERK'S OFFICE) / COUNCIL ACTION: / __TABLED/DEFE//~D/NO ACTION k :\council~a§dbills\ 1998\g fanta pp. 99 COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF~ DATE: TO: FROM: SUBJECT: November 19, 1998 Phil Watkins, Chair Land Use and Transportation Committee Cary M. Roe, Public Works Director 1999 Grant Applications for Transportation Improvement Projects/REVISED Background Grant applications are being accepted for federal (TEA-21) and state (TIB) funding by December 15, 1998 for the Hazard Elimination Program and January 15, 1999 for all other grant programs. Staff has reviewed the scoring criteria for each grant program with respect to the projects on the City's currently adopted Transportation Improvement Program. Attached for reference is the current TIP. The listing below identifies the proposed funding sources for each project. The amounts shown for the City's match are conservative estimates and could fluctuate based on each project's competitiveness statewide. Development impact fees collected for these projects are included in the amounts shown for the City's match. SR 99: S 312 Street - S 324th Street Add HOV lanes (right of way, construction) Federal Surface Transportation Program (40%) State Urban Arterial Trust Account (40%) City Match (20%) $ 3,358,200. $ 3,358,200. $. 1,679,000. $ 8,395,40O. SR 99 ~ S 330th Street Signalization, pedestrian improvements (construction) Federal Hazard Elimination (49.3%) State Pedestrian Facilities Program (already obtained) City Match (20%) $ 160,000. $ 100,000. $ 65,000. $ 325,000. S 288th Street ~ SR 99 Add left-turn lanes (design, right of way, construction) State Urban Arterial Trust Account (80%) City Match (20%) $ 892,200. $ 223,100. $ 1,115,300. Land Use and Transportation Committee November 18, 1998/REVISED Page 2 S 312th Street ~ 14th Avenue S Signalization (design, construction) State Pedestrian Facilities Program (80%) City Match (20%) $ 100,000. $ 25,0O0. $ 125,000. S 336th Street ~ Weyerhaeuser Way S Signalization or Roundabout (design, construction) Federal Hazard Elimination (46.2%) Weyerhaeuser Contribution (26.9%) City Match (26.9%) $ 300,000. $ 174,350. $ 174,350. $ 648,700. BPA Trail Phase Ill Multimodal trail from Campus Drive to SW 356th Street (right of way, construction) TEA 21 (86.5%) City Match (13.5%) $ 1,217,920. $ 1.90,080. $ 1,408,000. Total Amounts Federal Grants State Grants Weyerhaeuser Contribution City Match $ 5,036,120. $ 4,524,750. $ 174,350. $ 2,356,530. $12,091,750. Recommendation Staff recommends that the Committee approve the above listed federal and state grant applications and forward to the December 1, 1998, City Council meeting for consideration. CMR\RAP:jg cc: Public Works Managers Grant Files Roe Working File Day File k:qutc\ 1998~grantap2.99 Transportation Improvement Board [.~_./..~ ~[JD~CdLIUII Ior I-Ul-lQirlg [] UATA l-x-I TIA [] PFP r"l CHAA .;eneral ]Cnforrnation rq SCA [] SCA/PFP [] PTSA [] CPSPTA Legislative Distdct 30 I Agency Name City of Federal Way Project Name S 336th Street at Weyerhaeuser Way S Roundaboul Termini Intersection 600 ft I Federal Route No. 1004 AADT (~u~'dA~a(JeDa4~'Tf;~lf~c}I 16,600 Length j Contact Person Hazem EI-Assar E-Mail Address Hazem.el-assar.~.ci.federal-way.wa.us Phone Number (253) 661-4142 Fax Number (253) 661-4129 Is the project on the E]Yes [] No Functional Class [] Principal [] Minor [] Collector National Highway System? Application Attachments (Check and attach each that apply to your application) [] Detailed vicinity map that cleady shows the project, including access to project from state highway [] Land-use map of project vicinity with project location noted (TIA, CPSPTA, and PTSA only) [] Completed program attachment (UATA, TIA, PFP, CPSPTA, CHAA, SCA, or SCA/PFP) [] Accident reduction and annual benefit attachment (UATA and TIA only) (Excel spreadsheet for calculation of Annual Benefit is available on TIB's homepage.) [] Current Six-Year Transportation/Transit Program Project Funding ,~vironmental Study 0 0 0 Design Study 0 0 0 Predesign Phase Total 0 0 0 Special Studies 0 0 0 Design Engineering $38,920 $58,380 $97,300 Right of Way 0 0 0 Design Phase Total $38,920 $58,380 $97,300 Construction Engineering $38,920 $58,380 $97,300 Construction Other 0 0 0 Construction Contract $181,640 $272,460 $454,100 Construction Phase Total $220.560 $330,840 $551,400 project Tbtal j $259,480 $389,220 $648,700 TIB :Mat~hingR~i6 ::. : 40%: 60% 100% Certification Certification is hereby given that the information provided is accurate aad the applicable attachments are complete and included as part of the application package. Signature of Registered Engineer / Director Cary M. Roe, P.E. Typed or Printed Name FY 2OC0 TIB Appl~alion for Fundm~ * Public Works Director MEETING DATE: February 16, 1999 ITEM#- T'-/--~/)----4~%~?/~ CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) Memorandum to the February 1, 1999 meeting of the Land Use and Transportation Committee ..................................................... .............................................................. SUMMARY/BACKGROUND: The City has contracted with Myers Master Lawn Care for right of way landscape maintenance services since March, 1998. Myers was the low bidder in 1998 in the amount of $99,892.30; the next low bidder was Whirlwind Services in the amount of $109,673.32. The amount available for this contract was $95,000.00 and to award within budget, the additional maintenance hours were reduced from 400 to 155 hours per year ($91,204.30 for base services plus $3,795.70 additional hours ). The contractor has requested a 1.5 % contract increase for 1999 based upon additional labor and equipment costs (see attached letter; note amounts in letter do not include sales tax). This 1.5% increase, or $1,425.00, would result in a total contract cost of $96,425.00 ($85,241.59 base services, $3,547.54 additional hours, and $7,635.87 sales tax), which is still lower than the second low bid received a year ago and within the approved budget of $96,900.00. Myers has become familiar with the City, has developed a good working relationship with staff and citizens, CITY COUNCIL COMMITTEE RECOMMENDATION: At its February 1, 1999 meeting, the Land Use and Transportation Committee approved forwarding the following recommendations to the February 16, 1999 Council meeting: 1. Approve the $1,425.00 increase to the Myers Master Lawn Care 1998 Right of Way Maintenance Landscape Contract; 2. Approve renewing the 1998 Right of Way Maintenance Landscape Contract in the amount of $96,425.00 for 1999. 3. Authorize the City Manager to execute the contract. · ....... .............................. : I, ,Al~ ,~,; ..................................................................................................................................................... , ...~ ......... ~.!~.k~~ ....................... ................... APPROVED FOR INCLUSION ~ COUNCIL PAC~T: (~ (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999~ROWMAINT.CC COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF ~ DATE: TO: FROM: 'SUBJECT: January 26, 1999 Phil Watkins, Chair Land Use/Transportation Committee Ken Miller, Street Systems Manager 1999 Right-of-Way Landscape Maintenance Contract Renewal Background The City has contracted with Myers Master Lawn Care for right of way landscape maintenance services since March, 1998. Myers was the low bidder in 1998 in the amount of $99,892.30; the next low bidder was Whirlwind Services in the amount of $109,673.32. The amount available for this contract was $95,000.00 and to award within budget, the "additional maintenance hours" were reduced from 400 to 155 hours per year ($91,204.30 for base services plus $3,795.70 "additional hours"). The contractor has requested a 1.5% contract increase for 1999 based upon additional labor and equipment costs (see attached letter; note amounts in letter do not include sales tax). This 1.5% increase, or $1,425.00, would result in a total contract cost of $96,425.00 ($85,241.59 base services, $3,547.54 additional hours, and $7,635.87 sales tax ), which is still lower than the second low bid received a year ago and within the approved budget of $96,900.00. Myers has become familiar with the City, has developed a good working relationship with staff and citizens, and very few complaints regarding their landscape work have been received. Recommendation Staff requests the Committee forward to the February 16, 1999 Council meeting and place on the consent agenda: Approve the $1,425.00 increase to the Myers Master Lawn Care 1998 Right-of-Way Maintenance Landscape Contract; Approve renewing the 1998 Right-of-Way Maintenance Landscape Contract in the amount of $96,425.00 for 1999. Authorize the City Manager to execute the contract. KM :jg Attachment KALUTC'H 999~'owmaint.mem MYERS MASTER LAWN CARE AND CONSTRUCTION PO Box 1057 Enumclaw WA, 98022 (360) 802-5141 To: City of Federal Way Public Works Dept. Att'n. - Ken Miller January 22, 1999 Dear Ken; We request a 1.5% cost of living increase for the 1999 City Right of Ways Landscape Maimenanee Contract, to cover the increased cost of machinery, machinery repairs, and labor costs. Thc 1998 RFB #98-100 Base Price was $ 83,981.86 not including extra hours. Labor 1.5.% ~- 1.259.73~ would bring base price ~o $ 85,241.59. We request $ ~O,~l~r hour on extra hours Labor up to Limit (Budge0 of contract. Any questions about this proposal please call (360) 802-5141. Thank you, we look forward to working with you for another year. Sincerely, Dennis W. Myers 01/25/99 ~0N 13:27 [TX/RX NO 7980] MEETING DATE: February 16, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: 21st Avenue SW at SW 334tb Street Traffic Signal and Sidewalk Improvements - 100% Design Approval and Authorization to Bid CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memorandum to the February 1, 1999 meeting of the Land Use and Transportation Committee SUMMARY/BACKGROUND: The 21st Avenue SW at SW 334th Street Traffic Signal and Sidewalk Improvements Project was jointly funded by grants from the Transportation Improvement Board Pedestrian Facilities Program for $100,000, the Community Development Block Grant for $44,652, and matching City funds for $35,348, at a total estimated cost of $180,000. This project will install a traffic signal which allows for a safe pedestrian crossing between the YMCA and Westway neighborhood. The project will also fill the existing sidewalk gaps on the east side of 21st Avenue SW between SW 334~ Street and SW 336~ Street and consolidate the existing emergency signal south of SW 334th Street with this proposed signal. The current cost estimate is $226,000, which is $46,000 higher than the budgeted amount. As the City's recent bid experience reflects, construction costs have escalated tremendously in the past year. In addition, staff anticipated that the right of way necessary for the construction of sidewalks would be donated rather than requiring acquisition. Staff proposes to transfer funding from the following accounts to provide the additional funding for this project: Traffic Division Unappropriated CIP: Streets Division Small Works Budget (1998): Streets Division Structures/Sidewalk Budget (1998): Balance from the SW 312t~ Street & 14th Ave SW Pedestrian Improvement Project: $12,500.00 $10,000.00 $12,000,00 $11.500.00 .....T.~.T....A...L. .................................. .$.46,000.00 ........ CITY COUNCIL COMMITTEE RECOMMENDATION: At the February 1, 1999 meeting of the Land Use/Transportation Committee, the Committee forwarded the following recommendations: 1) Approve the 100% design plans for the 21st Avenue SW at SW 334 a' Street Traffic Signal and Sidewalk Improvements Project; 2) Approve the transferring of funds to the project as described above; and 3) Authorize staff to proceed with bidding the project. ....... ....................................... .....................................................................................................................................................~.~ · ;L . '~.;3~ .................... ..................... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\21 SW334.CC COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF ~ DATE: January 28, 1999 TO: FROM: Phil Watldns, Chair Land Use and Transportation Committee Richard Perez, City Traffic Engineer/~ SUBJECT: 2P Avenue SWat SW 334~ Street Traffic Signal and Sidetw. lk lmprovonous - 100% Design Approval and Authorization to Bid BACKGROUND The 21~ Avenue SW at SW 334~h Street Traffic Signal and Sidewalk Improvements Project was jointly funded by grants from the Transportation Improvement Board Pedestrian Facilities Program for $100,000, the Community Development Block Grant for $44,652, and matching City funds for $35,348, at a total estimated cost of $180,000. This project will install a traffic signal which allows for a safe pedestrian crossing between the YMCA and Westway neighborhood. The project will also fill the existing sidewalk gaps on the east side of 21~ Avenae SW between SW 334~ Street and SW 336~ Street, and consolida_te the existing emerg~y signal south of SW 334~ Street with this proposed signal. The project is approximately 100% designed and the necessary fight-of-way acquisition/easements have been purchased. An Open House will be held in February 1999 to provide project notification and proposed schedule information. The currem cost estimate is $226,000, which is $46,000 higher than the budgeted amount. As the City's recem bid experience reflects, construction costs have escalated tremendously in the past year. In addition, staff anticipated that the right-of-way necessary for the construction of sidewalks would be donated rather than requiring acquisition. The table below breaks out the difference in budgeted amounts: Item Budget EStimate current Estimate Design Right-of-Way Construction Contingencies TOTAL $30,000 $0 $135,000 $15.000 $180,000 $20,400 $8,400 $179,300 $17.900 $226,000 Staff proposes to transfer funding from the following accounts to provide the additional funding for this project: Traffic Division Unappropriated ClP: Streets Division Small Works Budget (1998): Streets Division Structures/Sidewalk Budget (1998): Balance from the SW 312t~ Street & 14~ Ave SW Pedestrian Improvement Project: TOTAL $12,500 $10,000 $12,000 $11.500 $46,000 RECOMMENDATION Place the following items on the February 16, 1999 Council Consent Agenda: 1) 2) 3) Approve the 100% design plans for the 21~ Avenue SW at SW 334* Street Traffic Signal and Sidewalk Improvements Project; Approve the transferring of funds to the project as described above; and Authorize staff to proceed with bidding the project. RP:jg K:\LUTC\ 1999~2 ISW334.WPD MEETING DATE: February 16, 1999 ITEM# CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Human Services Commission 1999 Work Plan CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Memo to the Parks, Recreation, Human Services and Public Safety Committee, dated February 2, ! 999. SUMMARY/BACKGROUND: The Human Services Commission finalized their proposed 1999 work plan at their January 25, 1999 meeting. All of the planned projects are consistent with the Commission's roles and responsibilities as defined in City ordinance #90-72. Highlights of the plan include: regular review of agency contract performance; the 2000 Community Development Block Grant Allocations process; update of the Community Profile Section of the Comprehensive Human Services Plan; and steps to increase community awareness of human services needs and services available. CITY COUNCIL COMMITTEE RECOMMENDATION: At their February 8 meeting, the Parks, Recreation, Human Services and Public Safety Committee voted 2-0 to accept the recommendation to approve the 1999 work plan as proposed by the Commission and forward the plan to the full Council for approval. .................................................................................................................................................................................. .................... ............................. APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # G:\CLERK\AGENDA.BIL Item 5A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMrn'EE Date: From: Subject: February 2, 1999 Ann Guenther, Human Services Manager Community Development Services Department 1999 Human Services Commission Work Plan Background The City of Federal Way Human Services Commission finalized their proposed 1999 work plan at their January 25, 1999 meeting. All of the planned projects are consistent with the Commission's roles and responsibilities as defined in City ordinance #90-72 and outlined below. The work plan is submitted for Committee approval. Eric Olsen, Commission Vice Chair, and I will be at your February 8 meeting to present the work plan and answer any questions you may have about the plan. Human Services Commission Roles and Responsibilities The Human Services Commission shall make reports and recommendations to the City Council and City Manager concerning human services issues. Specific duties include: 2. 3. 4. 5. o Develop and assess human services in the City; Determine priorities of human services needs in the City; Evaluate and make recommendations on funding requests submitted to the City; Evaluate and review performance of individual human service agencies; Review City actions which may affect the availability and quality of human service delivery in the City and; Coordinate with other groups and human services planning agencies and organizations. 1999 Human Services Commission Work Plan The plan includes the following projects: Review the performance of contracted agencies (Human Services and Community Development Block Grant - CDBG) on a quarterly basis. Ask agencies to make a brief report to the Commission regarding their program and progress toward meeting annual performance goals. Tour human services agencies funded by the City. Participate in a spring retreat to work on team building and consensus building skills, and integration of new Commission members. Review the draft of the King County CDBG Consortium Consolidated Plan for 2000-2003. Update the Community Profile Section of the City's Human Services Comprehensive Plan, regarding human services needs. Conduct the 2000 Community Development Block Grant (CDBG) allocations process and o prepare recommendations for the Council. Conduct a mid-biennium review of agencies that received 1999-2000 Human Services funding. Evaluate the performance of 1999 contracted human services agencies and make recommendations to the City Council for any changes to the 2000 funding. Increase community awareness of human service needs and services available. a. Submit articles on human services issues to local newspapers. b. Make presentations regarding the City's human services program to service groups and/or churches. Review a comparison of the Federal Way Human Services Program with other local cities. The comparison will include information the level of human services funding available in each city and information on the allocations processes used by other human services commissions and advisory boards. Committee Recommendation Approve the 1999 work plan as proposed by the Commission and forward to the full Council for approval on February 16, 1999. Approve the work plan as amended by the Committee and forward to full Council for approval on February 16, 1999. Committee Member CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: Endorsement of King County Transportation Coalition's Request for Referendum 49 Funding CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Draft Letter of Support and Project Listing for Proposed R-49 Funding SUMMARY/BACKGROUND: The Greater Seattle Chamber of Commerce recently spearheaded an effort to form a strong coalition of business, city and county governments, and organized labor to improve the distribution of funding of transportation projects resulting from Referendum 49 in King County. Historically, the County has received 25% of statewide transportation funding even though the County has 35% of the state's population and 50% of the State's employment. Federal Way was represented by staff and Federal Way Chamber of Commerce members at meetings of the Coalition to develop a proposed list of projects that would be Constructable within R-49's six-year timeframe. Projects that would directly benefit Federal Way on the Coalition's list (see attached) include the following: Completion of I-5 HOV lanes from Tukwila to Pierce County Line ($170 million) Construction of a westbound truck climbing lane on SR18 between SR167 and Weyerhaeuser Way ($10 million) Construction of Federal Way Park & Ride #2 at 21st Avenue SW & SW 344th (7.2 million) Design Study for an interchange at I-5 and SR 161 ($2 million) $50 million toward SR 99 HOV lanes between Tukwila and Federal Way For your consideration, staff has drafted the attached letter to express the Council's support for the Coalition's list to the State Legislature, the Governor, and the State Transportation Commission. CITY COUNCIL COMMITTEE RECOMMENDATION: CITY MANAGER RECOMMENDATION: fjp}..r ' ' '~ ................................................................................................................................................... ~'7 ........................... t' ....... "~ ........................................ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COAdPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\R49LIST. CC COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF~ D AFT (253) 661-4000 FEDERAL WAY, WA 98003-6210 February 1 O, 1999 Robert Warr Executive Director Greater Seattle Chamber of Commerce 1301 5th Avenue, Suite 2400 Seattle, WA 98101-2603 Re: Endorsement of King County Transportation Coalition's Request for Referendum 49 Funding Dear Mr. Warr: We are pleased to endorse the King County Transportation Coalition's request for 1999-2005 State funding. We greatly appreciate the work that you and the leaders of other King County area business chambers, along with labor union representatives, city representatives, and county transportation agency staff, did in preparing this consolidated list of priorities. As you know, congestion is increasingly severe on state facilities within King County This is due in part to the location of the Pacific Northwest's largest airport, seaport, ferry terminal, warehousing districts, office districts, and sports and entertainment complexes within our borders. Due to our central location, state facilities within King County also experience considerable amounts of pass- through traffic. The Coalition's project list contains dozens of projects that will reduce traffic congestion. For example, the SR18 project will assist truck movements from the Port of Tacoma and general traffic from Pierce and Thurston County heading east to Interstate 90. The SR519 project will help travelers from around the state heading to the Colman ferry terminal, the Port of Seattle, and the new sports stadiums. The SR509 extension will improve truck access from the south to the Port of Seattle and general access to SeaTac airport, while freeing up through-trip capacity on Interstate 5. We also appreciate the Coalition's support of a balanced approach that includes State investment in passenger rail, passenger ferries, public transit, and transportation demand management. King County businesses and citizens generate a disproportionately large share of state tax revenues and payroll. The continued smooth operation of this economic engine will require a significant state investment in transportation facilities. Our existing manufacturing, warehousing, and export businesses will particularly benefit from the freight mobility projects on the request list. High technology and other office-based businesses will greatly benefit from the requested improvements to highway interchanges and high occupancy vehicle lanes. Finally, the City of Federal Way strongly supports the local portion of the request list. Last year, county and city elected officials met four times in the Moving King County 2000 forum. One focus of these forums was the concept of a Regional Arterial Network, composed of principal arterials of regional significance that connect to state routes. These improvements should benefit travelers from multiple jurisdictions who use a variety of transportation modes on the Regional Arterial Network. The broad support from various parties for the Coalition's consolidated countywide list is an historic first. Once again, we thank your colleagues and you for your hard work in forging consensus on this list. Sincerely, Ron Gintz Mayor RG,rRAP:kcm City Council Kenneth E. Nyberg, City. Manager Philip E. Keightley, Deputy City Manager Cary M. Roe, Public Works Director Richard A. Perez, Traffic Engineer/Project file Dayffle Tracey Eide, State Senator, 204 Newhouse Building, Olympia WA 98504-0482 Mark Miloscia, State Representative, 319 O'brien Building, Olympia WA 98504-0600 Maryann Mitchell, State Representative, 205 O'brien Building, Olympia WA 98504-0600 K:\COUNCIL\PW021099.LTR o~.='~ ~- ~ ,-...-..:-.-:-:-:-:-: __ 0 0 ~ ~ 0 ~ ::::::::::::::::::::: ~ , '~ E ~ .- ~ ~ o · 0 --~ .__ m =~o Jo ~o = o~ ~._~ .... ~ ~0 ~ .-- · O~·~ 0 0 ~ ~ :' I ~ ii ! ~ " ........ ~ I ,, m , u_n'o 0 I Ou. -~ 0 0 (D ~0 0 0 0 0 0 ~ ~ o m ..... ' ~ I :~:!:~:!:!:~.i.; ~ ~ .- ~ .- · -- . ................ ~ ~ ~ o , ~ ~ ~ .........~ ._~ ~ o ~ ~ ~ z ..... ............. ~ ~ ~ ~ ~ 0 ~ ~ ~ ~ 0 ~ ~ ~ ~ 0 0 0 ~ ~ U ~ 0 ~ 0 :o - :o g~ o og o 8 g 'E o8= '~ o '-~:[ .................................... ,~ ~ 0 ~ ; ¢~ o o o o o ::~ 0 0 0 0 0 0 c > o.-~ E E~ E~ 0 ~ ~ 0 ~ :~:~:~:~:~:~: "-~: ~ ~ ~ ................... ~ ::::::::::::::::::::::: . ~ · ..... ~:.:.:.:.:.:.:.:.:. ~ ~ :::: :~::::: :~ .... ~ ~ '- '~ ~ ~ ~ ~ ~ ~ ~ .... ~ ...... o ~ 0 _c._c E i CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT ORDINANCE X BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: None SUMMARY/BACKGROUND: Weyerhaeuser Corporation has expressed concern about vehicular and pedestrian safety at the "wye' intersection of South 3364 Street and Weyerhaeuser Way South. In particular, Weyerhaeuser has noticed increased pedestrian use of the East Campus Path crossing South 336th Street. In addition, Quadrant has proposed several developments that would add traffic at this intersection, each of which is paying pro-rata mitigation towards an intersection improvement project at this location. Staff has responded by accelerating the priority of this project and applying for state and federal grant funding of the project. However, due to the timelines involved in grant funding and the lack of surety in the outcome, Weyerhaeuser proposes to construct a temporary traffic signal at the wye to resolve safety and capacity issues at its expense. The temporary signal would control the south and west intersections of the wye and provide a pedestrian signal at the pedestrian crossing on the west intersection. The intersection would have span wires mounted from wood poles. Other than the span wires themselves, all wiring would be underground. The intersection would operate in isolation from the City signal system so no coordination timing would be necessary. Vehicle detection would be provided for minor movements. Items that would be negotiated in an operating agreement would include assumption of operation and maintenance costs and conditions under which the temporary signal would be removed. RECOMMENDATION: Staff recommends the approval of the installation of a temporary traffic signal at the intersection of South 336th Street and Weyerhaeuser Way South, subject to the terms of an operating agreement to be negotiated by staff. CITY COUNCIL COMMITTEE RECOMMENDATION: CITY MANAGER RECOMMENDATION: ~ ........................................................................................................................................................................ ~..~..).L..~m.~..~ ......................................... (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\S336WYE.WPD COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY City Council AGENDA ITEM CATEGORY: BUDGET IMPACT: CONSENT X ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: Ordinance SUMMARY/BACKGROUND: The Public Hearing for the South 344th Street Vacation was held at the December 1, 1998 City Council meeting. No public comments were received, and the City Council recommended proceeding with the vacation process, granting the petition subject to the City receiving compensation equal to fair market value for the property. City Ordinance 91-107 requires that the proposed property be appraised and full value paid to the City since public funds were used by the State in 1970 to purchase the property. The City's appraiser valued the land at $3.92 per square foot while Quadrant Corporation's appraiser determined a value of $3.50 per square foot. King County Assessor's office records show a value of less than $1.00 per square foot. Based on the two appraisals, the City and Quadrant Corporation have agreed on a price of $3.75 per square foot for the property, for a total of $32,812.50, which has been received. The Ordinance vacating the property is scheduled for the February 16, 1999 Council agenda, and staff will be present at the City ............................................................................................ CITY MANAGER RECOMMENDATION. ~1-~-~w' :v-~,~,~ · .__ ................................................................................................................................................................................ ...................... ...... APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'3' OFt:ICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION K:\COUNCIL\AGDBILLS\ 1999\344VAC.CC COUNCIL BILL # 1st Reading Enactment Reading ORDINANCE # RESOLUTION # ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, VACATING A PORTION OF SOUTH 344TM STREET WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of South 344th Way, in the vicinity of Weyerhaeuser Way South and South 344th Street; WHEREAS, pursuant to Resolution 98-291, the Federal Way City Council held a public hearing at its regular meeting on December 1, 1998 to consider the petition for vacation as required by state law and Federal Way City Code Section 13-102; and WHEREAS, following the conclusion of the public hearing on December 1, 1998, the City Council considered the proposed vacation and its compliance with the criteria outlined in FWCC Section 13-102, and decided to grant the vacation pending payment of compensation by the owners of the abutting property; and WHEREAS, the owners of the abutting property have paid the City the appraised fair market value of the right-of-way to be Vacated, in the amount of $32,812.50; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Vacation. That portion of the right-of-way of South 344th Way, in the vicinity of Weyerhaeuser Way South and South 344th Street in the City of Federal Way, as ORD # , PAGE 1 described in Exhibit "A" (legal description) and as depicted on Exhibit "A-1" (vicinity map) attached hereto, is hereby vacated. The property lying in the portion of the right-of-way described in Exhibit "A" shall be returned to and belong to those persons entitled to receive the property in accordance with the law. Section 2. Recordation. Upon passage, approval and publication of this ordinance, the City Clerk is directed to cause this ordinance to be recorded with the King County Department of Records and Elections. Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ~ 1999. day of OK1) # , PAGE 2 CITY OF FEDERAL WAY MAYOR, RON GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. L1NDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. K:\ordin~344vacat ORD # PAGE 3 MEETING DATE: February 16, 1999 ITEM// CITY OF FEDERAL WAY City Council AGENDA ITEM SUBJECT: PROCEDURES FOR AMENDMENTS TO THE COMPREHENSIVE PLAN CATEGORY: BUDGET IMPACT: X CONSENT ORDINANCE BUSINESS HEARING FYI RESOLUTION STAFF REPORT PROCLAMATION STUDY SESSION OTHER Amount Budgeted: $ Expenditure Amt: $ Contingency Reqd: $ ATTACHMENTS: 1) February 9, 1999 Memorandum to City Council; 2) Exhibit A -- Proposed New Code SUMMARY/BACKGROUND: The 1998 Planning Commission Work Program included a code amendment to set up a procedure for the yearly comprehensive plan amendment process. The Planning Commission held a public hearing on December 2, 1998 at which time, the Planning Commission by a majority vote of the entire membership, recommended that the city council adopt the code amendment to set up procedures to amend the comprehensive plan. CITY COUNCIL COMMITTEE RECOMMENDATION: The Land Use/Transportation Committee (LUTC) reviewed the Planning Commission's recommendation during public meetings on January 4, 1999 and February 1, 1999. At the February 1, 1999 meeting, the LUTC made a motion to forward the code amendment to the full council for first reading on February 16, 1999 with minor rewording, which has since been incorporated. CITY MANAGER RECOMMENDATION: Approval of Land Use/Transportatio.n Congnittee - ~ i~ / - Recommendation. .......................................................................................................................................................................................~., t ' u~"w' "~' '"¢'~ r': ' '~' J'~¢'~l ............................................ APPROVED FOR INCLUSION IN COUNCIL PACKET: (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: APPROVED DENIED TABLED/DEFERRED/NO ACTION COUNCIL BILL # ORDINANCE # RESOLUTION # ORDINANCE NO. DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, ADOPTING AMENDMENTS TO DEVELOPMENT REGULATIONS CONTAINED IN CHAPTER 22 OF THE FEDERAL WAY CITY CODE. WHEREAS, the Growth Management Act of 1990, as amended, (Chapter 36.70A RCW or "GMA") requires the City of Federal Way to adopt a comprehensive plan ("Plan") which includes a land use element (including a land use map), a housing element, a capital facilities plan element, a utilities element and a transportation element (including transportation system map(s)); and WHEREAS, the GMA also requires the City of Federal Way to adopt development regulations implementing and amending its Comprehensive Plan; and WHEREAS, under RCW 36.70A.130, the Plan and development regulations are subject to continuing review and evaluation, but the Plan may be amended no more than one time per year; and WHEREAS, the City considers Plan and development regulation amendments pursuant to Article IX, Chapter 22 of the Federal Way City Code ("FWCC"); and WHEREAS, the City wishes to clarify and amend procedures provided in the FWCC for amendments to its Plan and development regulations; and WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council committees, and full City Council has received, discussed and considered the testimony, written comments and material from the public concerning Plan and development regulation ORD # , PAGE I amendment procedures as follows: 1. The City's Planning Commission considered the proposed Plan and development regulation amendment procedures, at a public hearing held on December 2, 1998, following which it approved and recommended adoption of certain Plan and development regulation amendment procedures; 2. The Land Use and Transportation Committee of the Federal Way City Council met on January 4, 1999 and February 1, 1999 to consider the recommendation of the Planning Commission and amendments thereto, and to take public comment. The Land Use and Transportation Committee then moved the Plan and development regulation amendment procedures, with amendments, to the full Council with a recommendation that the Council adopt them; and 3. The full City Council considered the matter at its meetings on February 16, 1999 and ; and WHEREAS, the City Council development regulation amendment procedures; desires to adopt the recommended Plan and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section l. Findings. After full and careful consideration, the City Council of the City of Federal Way makes the following findings: A. The proposed amendments to the Plan and development regulations amendment procedures as set forth in Exhibit A hereto, bear a substantial relationship to public health, safety, and welfare, are in the best interests of the residents of the City, and are consistent with the requirements of RCW 36.70A, and the applicable portions of the comprehensive plan. ORD # , PAGE 2 B. The proposed amendments to the Plan and development regulations amendment procedures, as set forth in Exhibit A shall provide for an orderly and predictable process to be followed in the annual comprehensive plan and development regulation amendment process. Section 2. Development Regulations Amendments Adoption. The development regulations of the City of Federal Way, specifically, Chapter 22 of the FWCC, are hereby amended as set forth in Exhibit A, a copy of which is on file with the Office of the City Clerk and which documents are hereby incorporated by this reference as if set forth in full. Section 3. Amendment Authority. The adoption of development regulation amendments in Sections 1 and 2 above is pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW, and pursuant to FWCC 22-537. Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 5. Savings Clause. Chapter 22 of the Federal Way City Code, shall remain in force and effect until the amendments thereto become operative upon the effective date of this ordinance. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 7. Effective Date. This ordinance snail take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. ORD # , PAGE 3 PASSED by the City Council of the ,1999. City of Federal Way this CITY OF FEDERAL WAY day of MAYOR, RONALD L. GINTZ ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, LONDI K. LINDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. I:~AMNDPROC\ORDINNCE.2 ORD # , PAGE 4 CITY OF FEDERAL WAY MEMORANDUM February9,1999 TO: Mayor and City Council Members FROM: Margaret H. Clark, AICP, Senior Planner SUBJECT: Procedures for Amendment of Comprehensive Plan I. BACKGROUND The City of Federal Way presently does not have a formal adopted procedure for considering annual amendments to the comprehensive plan. Therefore, the City Council directed staff to prepare a code amendment to set up a process. The Planning Commission held a public hearing on the code amendment and their recommendation has been reviewed by the Land Use/ Transportation Committee (LUTC). The Planning Commission's recommendation as amended by the LUTC is attached as Exhibit A. In general, the proposed annual comprehensive plan update process is based on procedures which were used in the most recent comprehensive plan update with some minor changes proposed to bring it into compliance with state law. Proposed changes to the Definitions Section -- Article I, Article IX-- Process VI. Review, and those portions of Article VIII. Process V Review, referenced in the proposed revisions to Process VI, are included. Proposed deletions are shown as strikeouts and proposed additions as underline. A summary of the proposed process, including the authority and requirements for updating comprehensive plans is attached as Exhibit B. Due to the volume of material, copies of all the background information have not been included in this packet. Two copies of the background information, which includes the planning staff report, the planning commission's recommendation, and materials generated as a result of review by the LUTC are located in the Council Conference Room.' II. REASON FOR COUNCIL ACTION The procedures for the annual amendments to the comprehensive plan are proposed to be included in FWCC, Article IX. Process VI Review. Pursuant to city code, any amendments to the comprehensive plan, comprehensive plan designations map, or zoning text must be approved by the City Council based on a recommendation from the Planning Commission. III. PLANNING COMMISSION RECOMMENDATION As shown in Section V-- Procedural Sutnmary of this staff report, the Planning Commission IPlease contact Senior Planner Margaret Clark at (253) 661-4111 if you would like a copy of the background materials. conducted a public hearing on the procedures for amendment of the comprehensive plan on December 2, 1998. After conclusion of this hearing, pursuant to FWCC, Section 22-535, the Planning Commission considered the proposed amendments in light of the decisional criteria outlined in Section VI of this report and by a majority vote of the entire membership, recommended that the city council adopt a code amendment to set up procedures to amend the comprehensive plan. IV. LAND USE/TRANSPORTATION COMMITTEE RECOMMENDATION The LUTC reviewed the planning commission's recommendation during public meetings on January 4, 1999 and February 1, i 999. At the February 1, 1999 meeting, the LUTC made a motion to forward the code amendment to the full council for first reading on February 16, 1999 with a request to reword Criterion 3 in Section 22-523 to make the wording more consistent with the other criteria and also to renumber the criteria in that section by placing Criteria 1, 5, 6, and 8 at the beginning because these act as a screen for the remaining criteria. These changes have been incorporated into the code amendment. V. PROCEDURAL SUMMARY December 2, 1998 Planning Commission Public Hearing January4,1999 LUTC Meeting February 1,1999 LUTC Meeting. The LUTC made a motion to forward the code amendment to the full council on February 16, 1999 for first reading. VI. DECISIONAL CRITERIA Sec. 22-523. Zoning Text Amendment Criteria The city may amend the text of Chapter 22- Zoning only if it finds that: (i) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; The proposed amendment complies with language in Chapter 1 -- Introduction of the Comprehensive Plan which states The City will update this Plan annually in order to keep this document current with the community's vision and the City Council's policy direction. In addition to updating chapters, such as Capital Facilities, the public will also be notified that a comprehensive plan amendment will be taking place. Individual requests will be considered during the annual update process. (2) The proposed amendment bears a substantial relation to public health, safety and welfare; The amendments to the zoning text is being proposed to provide for an orderly and predictable process to be followed in the annual update of the comprehensive plan. 2 and (3) The proposed amendment is in the best interest of the residents of the city. The proposed amendment will result in increased public participation in the comprehensive planning process and provide predictability by notifying residents of the City on the timing of the comprehensive plan update process. VII. COUNCIL ACTION Pursuant to FWCC, Section 22-53 7(c), after consideration of the Planning Commission report and, at its discretion, holding its own public hearing, the City Council shall by majority vote of its total membership take the following action: 1. Approve the proposal by ordinance; 2. Modify and approve the proposal by ordinance; 3. Disapprove the proposal by resolution; or Refer the proposal back to the Planning Commission for further proceedings. If this occurs, the City Council shall specify the time within which the Planning Commission shall report back to the City Council on the proposal. Exhibits Exhibit A Exhibit B Proposed Amendments to City Code (incorporates both Planning Commission and Land Use/Transportation Committee recommendations) Summary of Code Amendment Process Please note that two copies of ail background materials are located within the Council Conference Room on the second floor of City Hail. I:XAMNDPROC\PROCMEMO.LT3/February 10, 1999 ARTICLE IX. PROCESS VI REVIEW* *Cross reference(s)--Requirements for drainage review, § 21- 87; power and jurisdiction of the planning commission, § 22-59; amendments to the zoning regulations to be processed under the process VI procedure, § 22-216; amendments to the comprehensive plan to be processed through process VI review procedures, § 22- 236; comprehensive plan, § 22-236 et seq.; legislative rezoning, § 22-276 et seq.; amendments, § 22-216 et seq.; legislative rezoning of certain districts to be under process VI review, § 22-276. Sec. 22-516. Purpose. Various places in this chapter indicate that certain proposals, to amend the zoning map through a legislative rezone, amend the text of this chapter, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 90-43, § 2(160.05), 2-27-90; Ord. No. 91-112, § 1(160.05), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-517. Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council or council committee, or requested by tho planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 90-43, § 2(160.10), 2-27-90; Ord. No. 91-112, § 1(160.10), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--City council, § 2-26 et seq.; planning commission, § 22-56 et seq. 1 PAGE__.LOF Sec. 22-518, Docket The Department Qf Community Development Services shall maintain a docket of all changes to the comprehensive plan or developmenD regulations and proposed by interested persons (including development applicants, citizens, hearing examiners, and/or o~her agencies and staff). Policy Act. Sec 22-519. Compliance with State Environmental The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 90-43, § 2(160.15), 2-27-90; Ord. No. 91-112, § 1(160.15), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) ~-c. 22 519. Sec 22-520. City council review. A. Docketed Amendment Requests. The city council shall review all requests docketed with the _ in ....... pursuant dep~rtmCn~ of community development services to this articlc ..... ~ -~ ~ ....... ~ "-~ .... ...... ~ .... ~ concurrently, on an annual basis and consisten~ with RCW 36.70A.130(2). AS part of such annual review, the Council shall review all requests received prior to September 30 of the calendar year. Requests submitted after September 30 shall be considered during the following annual review. In addition, for calendar year 1999 only, the city council shall review all requests received prior to April 30, and shall consider and act upon those amendments during 1999. B. Other Amendments. The city council shall review city-initiated changes to the text of the comprehensive plan concurrently with docketed amendment requests. The city council may also review or amend the comprehensive plan whenever an emergency exists, to resolve 2 PAGE_ ._ 0 F2.-O an appeal of the comprehensive plan or ~mendments thereto, or in other circumstances as provided for by RCW 36.70A.130(2) (a) . The city council may ~lso review city-initiated chanqes to the text of this chapter, or to the city's zoning map, from time to time at the council's discretion. C. Additional Information. The city council may request, through the City Manager, that the department of community development services or any other department of the city provide any information or material on the proposal(s), consistent with section 22-531. (Ord. No. 90-43, § 2(160.20), 2-27-90; Ord. No. 91-112, § 1(160.20) , 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Cross reference(s)--City council, § 2-26. (Ord. No. 90-43, § 2(140.25), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) Sec. 22~521. Timing of Filing: Notice, Sixty days prior to September 30 in each calendar year, the City shall notify all persons who submitted docket forms after September 30 of the previous calendar year. In 1999 only, sixty days prior ~0 April 30, the City shall notify all persons whose comprehensive plan amendment requests were not considered during the 1998 amendment process. Notice shall also be given as follows: (1) Public Notice notifying the public that the amendment process has begun shall be published in the City's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4),., All agencies, organizations, and adjacent jurisdictions wi~h an interest, and all persons, who in the judgement of the Director of Community Development Services may be directly affected by changes tO the comprehensive plan shall be sent a copy of the notice. In determining who may be affected by comprehensive plan changes, the Director may rely on written correspondence indicating an interest and received after September 30 of the previous year. Sec. 22-522. Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request changes to the text of the comprehensive plan or development regulations codified in this chapter. (b) HOw to apply. An applicant must complete a docke~ form prepared by the City. An applicant seeking a site-specific plan or zoning designation change shall also file the information specified in Section 22-478 with the department of community development services. (¢) The director of community development services shall have the authority to waive any of the re_quirements of this section, if in ~he director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the City. Sec. 22-523. Criteria for prioritizing plan amendment requests. A. After September 30, but prior to adopting any docketed amendment requests, the City Council shall hold a public hearing and select those docketed amendment reqaests it wishes to consider for adoption In 1999 only, selection shall occur after April 30, but prior to adoption of docketed amendments. EXHIBIT A PAG 0 F_20__ Bo The City Council shall consider the following criteria following a public hearing .in selecting the comprehensive plan amendments to be considered during the upcoming cycle: Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existinq state and local laws, including the Growth Management ACt. (~) In the case of text amendments or other amendments to goals and policies, whether the request benefits the City as a whole versus a selected group C... If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. D. Based on its review of requests according to the criteria in Paragraphs B and C above, the Council shall determine which requests shall be further considered for adoption, and EXHIBIT A PA G & shall forward those requests to the planning commission for its review and recommendation. E. The Council's decision to consider a proposed amendment shall not constitute a decision or recommendation that the proposed amendment should be adopted nor does it preclude later Council action to add or delete an amendment for consideration. Sec. 22-524. Preapplications required. Ail applicants seeking an amendment to comprehensive land use designations of thc official comprehensive plan (site- specific requests) must apply for a pre-application conference with the City's Development Review Committee (CDRC). .~.~-- ..~" 525. Sec. 22-525 Legislative rezones. A legislative rezone is a rezone that meets the following criteria: a. It is initiated by the city; and bo It includes a large number of properties which would be similarly affected by the proposed rezone. Ail other rezones not meeting the above criteria are treated as quasijudicial rezones and are reviewed and decided upon using process V. (Ord. No. 90-43, § 2(130.10), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) rezone. Sec. 22-526 Criteria for approving a legislative The city may decide to approve a legislative rezone only if it finds that: (1) The proposal is consistent with the comprehensive plan; (2) The proposal bears a substantial relation to public health, safety, or welfare; and EXHIBI T A PAG (3) The proposal is in the best interest of the residents of the city. (Ord. No. 90-43, § 2(130.20), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) Sec. ~ ~.~.~ Sec. 22-527 Map change. If the city approves a legislative rezone it will give effect to this decision by making the necessary amendment to the zoning map of the city. (Ord. No. 90-43, § 2(130.25), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) ~.~-- ~.~n ~.~.~ Sec. 22-528. Zoning text amendment criteria. The city may amend the text of this chapter only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 90-43, § 2(135.15), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) ~A_ ~ =n~ Sec 22-529 Factors to be considered in a comprehensive plan amendment. The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan: (1) The effect upon the physical environment. (2) The effect on open space, streams, and lakes. 7 PA G E_7__ 0 The compatibility with and impact on adjacent land uses and surrounding neighborhoods. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools. 5 The benefit to the neighborhood, city, and region. 6) The quantity and location of land planned for the proposed land use type and density and the demand for such land. 7) The current and projected population density in the area. 8) The effect upon other aspects of the comprehensive plan. For site-specific comprehensive plan amendments, the provisions of Section 22-488(c) shall also apply. (Ord. No. 90-43, § 2(140.15), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) "-- ~ =~ Sec 22-530 Criteria for amending the comprehensive plan. The city may amend the comprehensive plan only if it finds that: (1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and (2) The proposed amendment is in the best interest of the residents of the city. (3) The proposed amendment is consistent with the requirements of RCW 36.70A and with the portion of the city's adopted plan not affected by the amendment. (Ord. No. 90-43, § 2(140.20), 2-27-90; Ord. No. 97-291, § 3, 4-1- 97) EXHIBIT PAG 0 ~.~-- ~.~ ~,,.=n~ Sec. 22-531 Official file. (a) Contents. The director of community development services shall compile an offiCial file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 90-43, § 2(160.25), 2-27-90; Ord. No. 91-112, § 1(160.25), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec 22-532. Notice. Notice provisions under this section shall be followed for both the public hearing during which all requests for changes to the zoning map, zoning text, and the comprehensive plan are prioritized, as well as the public hearing held on individual requests. (a) Contents. The director of community development services shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. EXHIBI?L_A PAG OI:l _ 2) A statement of how the proposal would change the affected provision. 3) A statement of what areas, zones, or locations will be directly affected or changed by the proposal. 4) The date, time, and place of the public hearing. 5) A statement of the availability of the official file. (6) A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (b) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing a~ follows; following the procedures of Sec. 22-521. In addition the procedures of Section 22-481 shall be followed for site-specific requests regarding notification of adjacent property owners posting of the site. (Ord. No. 90-43, § 2(160.30), 2-27-90; Ord. No. 91-112, § 1(160.30), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) ~.~-- ..~ ~.~.=~ Sec. 22-533. Staff report. (a) General. The director of community development services shall prepare a staff report containing: (1) An analysis of the proposal and a recommendation on the proposal; and (2) Any other information the director of community 10 EXHIBIT. .... PAG E_/_O_O development services determines is necessary for consideration of the proposal, consistent with section ~ =~A 22-529 (b) Distribution. The director of community development services shall distribute the staff report as follows: (i) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 90-43, § 2(160.30), 2-27-90; Ord. No. 91-112, § 1(160.30), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with section 22 531 22-535, unless the city council elects to hQld i~$ own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings of the planning commission are open to the public. (c) Effect. Except as provided in subsection (a) above, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 90-43, § 2(160.40), 2-27-90; Ord. No. 91-112, § 1(160.40), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) gcc. 22 531. Sec. 22-535. Material to be considered. (a) Generally. Except as specified in subsections (b) and {c) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsection (c) of this 11 EXHIBIT A PA G E ! 1 0 ;::_20__ section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) Exception for environmental information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under section .... ° 22-519 in deciding upon that proposal (Ord. No. 90-43, § 2(160.45), 2-27-90; Ord. No. 91-112, § 1(160.45) , 12-3-91; Ord. No. 97-291, § 3, 4-1-97) ~.~-- .~ ~.=~ Sec 22-536. Electronic sound recordings. The planning commission shall make a complete electronic sound recording of each public hearing. (Ord. No. 90-43, § 2(160.50), 2-27-90; Ord. No. 91-112, § 1(160.50), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) "-- "" =~ Sec 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (i) By submitting written comments to the planning commission either by delivering these comments to the department of community development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90-43, § 2(160.55), 2-27-90; Ord. No. 91-112, § 1(160.55) , 12-3-91; Ord. No. 97-291, § 3, 4-1-97) 12 EXHIB T_7 . PAGE/2. 0 f _20_ Sec 22-538 Continuation of the hearing. The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 90-43, § 2(160.60), 2-27-90; Ord. No. 91-112, 1(160.60), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) ~.~-- .~ ~.~= Sec. 22-539. Planning commission--Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in sections~ ~=~I 22-526 or ~=~ 528 or ~5 530, and take one of the following actions: (~) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a) (1) or (a) (2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the proposal as modified prior to recommending the proposal to city council for action. 13 EXHIB,T A PAGE_/ ©F (Ord. No. 90-43, § 2(160.65), 2-27-90; Ord. No. 91-112, § 1(160.65) , 12-3-91; Ord. No. 97-291, § 3, 4-1-97) ~.~A- .~nn ~v.=~ Sec. 22-540. Same--Report to city council. (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c)Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 90-43, § 2(160.70), 2-27-90; Ord. No. 91-112, § 1(160.70), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-541. City council action (a) General. Within 60 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney, appropriate to enact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance; EXHIB;T PAG E_L 0 (3) Disapprove the proposal by resolution; or (4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (Ord. No. 90-43, § 2(160.75), 2-27-90; Ord. No. 91-112, § 1(160.75), 12-3-91; Ord. No. 97-291, § 3, 4-1-97) Sec. 22-542. Transmittal to State At least 60 days prior to final action being taken by the City Council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the LUTC, the Washington Department of Community, Trade and Economic Development (DCTED) and other interested affected local and state agencies, King County and surrounding jurisdictions, shall be provided with a copy of the amendmen~ in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft ameDdments of the comprehensive plan are available on request on a cost recovery basis. No later than 10 days after adoption of the comprehensive plan, ~ Copy of the adopted comprehensive plan shall be forwarded to DCTED and others who submitted written comments on the draft comprehensive plan. Sec 22 543 App als The action of the city in granting, modifying or denying an amendment to this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to RCW 36.70A. (Ord. No. 97-291, § 3, 4-1-97) Secs ~n ==~ ~ =A= 22-544-22-545 Reserved I: kAMNDPROCkPROC6LTC. 4/February 10, 1999 15 EXHIBIT PAGE/_S._OF ARTICLE I. IN GENERAL Sec. 22-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Day care facility shall mean the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication shall mean the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purpose to which the property has been devoted. Development activity shall mean any work, condition or activity which requires a permit or approval under this chapter or the city's building code. Development permit shall mean any permit or approval under this chapter or the city's building code that must be obtained before initiating a use or development activity. Docket (noun) shall mean the list of suggested changes to the comprehensive plan maintained by the Community Development Services Department. Docket (verb) shall mean to record with the department a suggested change to the comprehensive plan. EXHIBIT__ _. ................. PAGE_ ©F ARTICLE VIII. PROCESS V REVIEW - QUASI-JTTDICIAL REZONES* Sec. 22-478. Applications. (a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns. (b) How to apply. The applicant shall file the following information with the department of community development services: (~) A completed application, with supporting affidavits, on forms provided by the department of community development services; (2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property; A copy of the county assessor's map identifying the properties specified in subsection (b) (2) of this section; A vicinity map showing the subject property with enough information to locate the property within the larger area; Any information or material that is specified in the provision of this chapter that describes the applied- for decision; 6 All information specified in section 22-32; and Any additional information or material that the director of community development services determines EXHIBIT PAGE_ _OF is reasonably necessary for a decision on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of section 22-32 and this section relating to what constitutes a complete application. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-481. Notice. (a) Contents. The director of community development services shall prepare a notice of each application containing the following information: (i) The name of the applicant, the project name (if applicable , the date of application, and the date of the notice of application. (2) The street address of the subject property or, if this is not available, a locational description in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (3 The citation of the provision of this chapter describing the requested decision and to the extent known by the city, any other permits which are not included in the application. (4 A brief description of the requested decision, a list of the project permits included in the application, and, if applicable, a list of any studies requested under RCW 36.70A.440. (5 The date, time, and place of the public hearing. (6 A statement of the availability of the official file. (7 A statement of the right of any person to submit 2 EXH B Y A PAG E_.I O written or oral comments to the hearing examiner regarding the application. (8) A statement that only persons who submit comments to the hearing examiner or specifically request a copy of the original decision may appeal the hearing examiner's decision. (9) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (10) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation. (b) Distribution. The di'rector of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (i) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (2) A copy will be published in the newspaper of general circulation in the city. (3) A copy will be posted on each of the official notification boards of the city. (c) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (d) Timing. The public notification sign or signs must be in EXHIB % .__ PAG 0 place at least ten calendar days before the public hearing and removed within seven calendar days after the final decision of the city on the matter. (Ord. No. 97-291, § 3, 4-1-97) Sec. 22-488. Recommendation by the hearing examiner. (c) Decisional criteria. The hearing examiner shall use the following criteria for quasi judicial rezones: (i) The city may approve an application for a quasi- judicial nonproject rezone only if it finds that: a o The proposed rezone is in the best interest of the residents of the city; and b. The proposed rezone is appropriate because either: Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or ii. The rezone will correct a zone classification or zone boundary that was inappropriate when established. c. It is consistent with the comprehensive plan; It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; and It is consistent with the public health, safety, and welfare. EXHIBIT PAG F.ZO__ CITY OF FEDERAL WAY Procedures for Amendment of Comprehensive Plan February 9, 1999 Am Be INTRODUCTION The City of Federal Way presently does not have a formal procedure for considering annual amendments to its adopted comprehensive plan. Therefore, the City Council directed staff to prepare a code amendment to set up a process. This report is organized in two parts. The first part lays out the authority under state law for the annual comprehensive plan amendment process and the second part summarizes the proposed amendment process for the City of Federal Way. In general, the process is based on procedures which were used in the most recent update with some minor changes proposed to bring the process into compliance with state law. BACKGROUND/AUTHORITY FOR PROCESS I. AUTHORITY RCW 36. 70.4.130(2)(a) has set up the following requirements for each county and city planning under the Growth Management Act (GMA) Proposed revisions or amendments to the comprehensive plan must be considered by the City Council no more than once per year except under the following circumstances: (i) The initial adoption of a subarea plan; (ii) The adoption or amendment of a shoreline master program; (iii) The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget; (iv) In the case of an emergency; (v) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. As part of the yearly update, all proposals shall be considered by the governing body concurrently so that the cumulative effect of the various proposals may be ascertained EXHIBIT__ PAGE_/_ OF ? II. III. DOCKETING PROCESS RCW 36. 70A.470. Project Review -- Amendment Suggestion Procedure -- Definitions. gives authority for the docketing process. Docketing means compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that will ensure such suggested changes will be considered by the county or city and will be available for review by the public. This code section states that if during project review, a county or city planning under the GMA identifies deficiencies in plans or regulations, the identified deficiencies shall be docketed for possible future plan or development regulations. Therefore, each county or city planning under the GMA is required to include in its development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulations. The suggested amendments shall be docketed and considered on at least an annual basis consistent with the provisions of RCW 36. 70A. 130.~ Deficiency in a comprehensive plan or development regulations refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. PUBLIC PARTICIPATION REQUIREMENTS RCW 36. 70A. 130(2)(a) requires each county and city planning under the Growth Management Act (GMA) to establish and publicize a public participation program identifying procedures on the process to amend or revise the adopted comprehensive plan. RCW 36. 70A. 140 Comprehensive Plans --Ensure Public Participation, requires each county or city planning under GMA to establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The adopted procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice~ provision for open discussion, communication programs, information services, and consideration of and response to public comments. RCW 36. 70A. 035 Public Participation -- Notice Provisions, requires reasonable notice of ~RCW 36. 70A. 130(2) states that the comprehensive plan shall be updated no more than once per year except under certain circumstances. However, RCW 36. 70A.470 requires the comprehensive plan to be updated on at least a yearly basis to address requests or concerns that are docketed. The latter would pertain to such changes as requests for comprehensive plan redesignations from applicants or other changes to the comprehensive plan originating from outside of the City. EXHIBIT__ PAG 0 any proposed revisions or amendments to the comprehensive plan be given to property owners and other affected and interested individuals, tribes, government agencies, businesses, and organizations. Examples of reasonable notice include: 1. Posting the property for site-specific proposals; Publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located or that will be affected by the proposal; Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered; Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and Publishing notice in agency newsletters or sending notice to agency mailing lists, including general lists or lists for specific proposals or subject areas. If the City Council chooses to consider a change to an amendment to a comprehensive plan after the opportunity for review and comment has passed under the City's procedures, an opportunity for review and comment on the proposed change shall be provided before the City Council votes on the proposed change. An additional opportunity for public review and comment is not required if: An environmental impact statement (ELS) has been prepared for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the ElS; The proposed change is within the scope of the alternatives available for public comment; The proposed change only corrects typographical errors, corrects cross- references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect; The proposed change is to a resolution or ordinance making a capital budget decision pursuant to the adopted comprehensive plan. The proposed change is to a resolution or ordinance enacting a moratorium or interim control. EXHiBit?_ ..... PAG © SUMMARY OF PROPOSED AMENDMENT PROCESS I. GENERAL The Procedures for Amendment of the Comprehensive Plan shall be added to Article IX. Process VI Review. Proposed amendments to the comprehensive plan shall be accompanied by any development regulations or amendments to development regulations necessary to implement the proposed amendments. II. PUBLIC PARTICIPATION REQUIREMENTS Pursuant to RCW 36. 70.4.03.5. Public Participation -- Notice Provisions, the City shall create and maintain a list of parties, agencies, organizations, and adjacent jurisdictions with an interest or who may be affected by changes to the comprehensive plan. III. DOCKET FORM Pursuant to RCW 36. 70.4.470. Project Review -- Amendment Suggestion Procedure -- Definitions, the City shall prepare a docket form to be used for any interested person, including applicants, citizens, planning commission, city staff and staff of other agencies to submit proposed changes to the comprehensive plan. Docket forms may be submitted at any time of the year; however, those forms requesting changes to the comprehensive plan and submitted after September 30 of each year will not be considered until the following year (see below)? Docket forms shall specify application requirements. IV. DEADLINE FOR SUBMITTING REQUESTS FOR AMENDMENTS TO THE COMPREHENSIVE PLAN The deadline for submitting requests for amendments to the comprehensive plan shall be September 30th of every calendar year? V. HOW TO PROPOSE AN AMENDMENT Sixty days prior to September 30, the City shall notify ali parties who submitted docket forms since the last amendment cycle.2 Notice shall also be given as follows: Public Notice notifying the public that the amendment process has begun shall be published in the City's official newspaper. 2. Notice shall be posted on the official city public notice boards. -'For calendar year 1999 only, there will also be an update with an April 30th deadline for comprehensive plan amendment requests. 4 EXHIBIT PAGE VI. VII. 3. A copy of the notice shall be mailed to other local newspapers. All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgement of the Director of Community Development Services may be directly affected by changes to the comprehensive plan shall be sent a copy of the notice. In determining who may be affected by comprehensive plan changes, the Director may rely on written correspondence indicating an interest and received after September 30 of the previous year.3 SITE SPECIFIC REQUESTS Site-specific requests for amendment of comprehensive plan designations or for preannexation comprehensive plan designation and zoning must meet the application requirements of FWCC, Section 22-478.4 SELECTION PROCEDURE After the deadline for accepting requests, the City shall prepare a summary of all requests to be presented to the City Council for determination of which requests should be considered during the upcoming amendment process. The City Council shall, in a public hearing, consider the following criteria in selecting the comprehensive plan amendments to be addressed during the upcoming cycle: Whether the same area or issue was studied during the last amendment process and conditions in the immediate vicinity have significantly changed so as to make the requested change within the public interest. Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. o Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. In the case of text amendments or other amendments to goals or policies, whether the request benefits the City as a whole versus a selected group. 31n the case of the April 30, 1999 update, the City will rely on correspondence or other contact received since the 1998 comprehensive plan update or other requests received too late to be considered during that update. 4Applications for pre-annexation comprehensive plan designation and zoning will only be accepted if the City has accepted a 10 percent petition on the annexation request. If the request meets the criteria set forth in 1-4 above, it shall be further evaluated according to the following criteria: Whether the proposed amendment can be incorporated into planned or active projects. Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. 4. Order of requests received. Based on its review of requests according to the above criteria, the Council shall determine which requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. VIII. REVIEW OF PROPOSED AMENDMENTS After a decision is made on the comprehensive plan amendments to be considered in the upcoming cycle, the City shall notify all applicants as to the status of their request for consideration. Pre-application Conference -- All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site- specific requests) must apply for a pre-application conference with the City's Development Review Committee (CDRC). Pre-applications cost $300, which is a non-refundable fee, but which will be credited to the formal comprehensive plan amendment fee of $564 plus $56 per acre. There is no fee for pre- annexation comprehensive plan designation and zoning. At the pre-application conference, the City will discuss the proposed amendment's consistency with applicable city policies and comprehensive plan goals and policies. After the pre-application conference is completed, if the applicant decides to pursue the comprehensive plan amendment, the remaining portion of the comprehensive plan amendment fee must be paid. State Environmental Policy Act (SEPA Review) -- The City will prepare a SEPA determination. Public Hearing by Planning Commission -- After the SEPA process has been completed, a staff report, summarizing the proposed changes to the comprehensive plan will be forwarded to the planning commission for a public EXHIB T_ __ PA G E ._{,_ IX. hearing. The Planning Commission public hearing shall be noticed pursuant to FWCC, Section 22-528. Notice (as amended under C.V above to meet the public participation requirements of RCW 36. 70A. 035). In addition, the sites will be posted for the site-specific requests and property owners within 300 feet shall be notified. For site specific requests, the decisional criteria in FWCC. Section 22- 488(c) shall apply. Review and Recommendation by the LUTC -- After the close of the Planning Commission public hearing, the Planning Commission's recommendation and findings shall be forwarded to the LUTC for their review and recommendation to the City Council. Action by City Council -- After the LUTC has completed their review, their recommendation will be forwarded to the full Council for their consideration at a public meeting. o Transmittal to the State -- At least 60 days prior to final action being taken by the City Council, but not prior to the close of the planning commission public hearing and transmittal of planning commission recommendation to the LUTC, the Washington State Department of Community, Trade and Economic Development (DCTED) and other interested affected local and state agencies, King County and surrounding jurisdictions shall be provided with a copy of the amendments in order to initiate the 60-day comment period. All other parties previously notified shall be again notified that the draft amendments of the comprehensive plan are available on request on a cost recovery basis. No later than I0 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to DCTED and those agencies who provided written comments on the draft comprehensive plan for an additional 60 day comment period. NEW DEFINITIONS "Docket" (noun) means the list of suggested changes to the comprehensive plan maintained by the Community Development Services Department. "Docket" (verb) means to record with the department a suggested change to the comprehensive plan. I:LatMNDPROC~AMNDPROC.CC/Fcbruary 10, 1999 7